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['.  S.  DEPAR  I  Ml  \  I    (  >l      VGRK  \   LTI   K 
BIOLOGICAL  sikvky     BULLETIN  No.  28 


I      11  vi;  I    Ml  i;i;i  wi.  chief 


GAME  COMMISSIONS  AM)  WABDENS 

THEIB   APPOINTMENT,  POWERS, 
AM)   DUTIES 


BY 


K.    W.    WILLIAMS.  Jr. 

GAME  LAW  ASSISTANT,  BIOLOGICAL  SURVEY 


WASHINGTON 

GO VERXM  EXT    PR  I N  T I N 1 1    <  >  E  PIC  B 

19  0  7 


CULTu; 


LETTER  OF  TRANSMITTAL 


l'.   S.    I  )|.i'\i;  i  mini    «  n     AORICl  II  i   RE, 

Hi  1:1   \i     OF    BlOLOGK   \i.   Si  i:\  BH  . 

Washington,  1*.  <\.  Jum  00,  1907. 

Sib:  I  have  the  honor  to  submit  herewith  for  publication  as  Bulletin 
No.  28  o(  the  Biological  Survey  a  report  entitled  "  ( rame  ( lommissiona 
and  Wardens,"  by  K.  W.  Williams,  jr.,  game  law  assistant  in  the  Bio 
logical  Survey.  This  report  has  been  prepared  under  authority  of 
section  l  of  the  Lacey  Act,  directing  the  Secretary  of  Agriculture  to 
collect  and  publish  useful  information  as  to  the  preservation  of  game 
and  other  birds,  and  in  response  to  frequent  demands  for  information 
respecting  the  provisions  for  enforcing  State  game  laws  and  the 
manner  in  which  such  laws  are  carried  into  effect. 

As  indicated  by  its  title,  this  bulletin  is  restricted  to  the  appoint- 
ment, powers,  and  duties  of  State  officers,  and  does  not  consider  the 
enforcement  of  Federal  laws  or  regulations  of  any  kind.  The  reporl 
has  been  divided  into  three  parts,  as  follows:  Part  l  consists  of  a  gen- 
eral discussion  of  the  office  and  duties  of  warden-:  Part  II  is  a  con- 
densed summary  of  the  provisions  of  game  laws  relating  to  enforce- 
ment; and  Part  III  contains  the  full  text  of  such  laws.  Sections 
relating  to  fish,  the  operation  of  hatcheries,  and  the  enforcement  of 
special  tish  laws  are  omitted.  By  the  aid  of  summaries  and  tables 
the  subject-matter  has  been  arranged  so  as  to  facilitate  ready  refer- 
ence and  comparison  of  the  various  provisions. 

The  8  maps  and  diagrams  are  necessary  for  the  oroper  illustration 
of  the  text 

Respectfully,  II.  W-  Hensh aw  . 

Acting  Chief,  Biological  Survey. 

Hon.  James  Wilson, 

Si  '/■'  t<<  i'ij  of  Agriculturi . 

3 


CON  i  i:\ts. 


Preface  

Part  I.     Grnerai    I  m><  i  bsion. 

<  rame  officials I ' 

Development  ol  the  State  game  commission  and  wardenship 11 

Commissionfi 16 

Siatc  game  wardens 1'' 

County  wardens 24 

Dietricl  and  city  wardens 25 

Subordinate  officers 26 

Special  local  officers :>l 

<  >ther  officers 3] 

Game  protection  funds .. 3  1 

<  rame  law  administration - 43 

A  r  l .  st 43 

Vnvst  without  warrant 45 

Town-  to  require  aid 50 

A rresl  <>t'  t respassers  by  landowner 5 I 

Extradition 51 

Search 5:; 

iich  with  wan-ant 53 

Search  without  warrant 54 

-  lizure 55 

Seizure  of  game 55 

Disposition  of  seized  game 56 

Seizure  of  illegal  appliances 58 

Prosecutions 60 

Who  may  prosecute 00 

Attorneys 60 

Mode  of  accusation 61 

Statutes  of  Limitation 62 

parate  offenses 04 

Special  evidence 65 

Pines 71 

(imprisonment 74 

Costs 75 

Rewards  to  informers 75 

Reports  of  prosecutions 77 

Effecl  of  repeals 77 

Civil  actions 78 

Replevin 78 

Injunction 80 

Miscellaneous  provisions 82 

Publication  of  game  laws  and  reports 82 

Charge  to  the  jury S3 

Suspension  of  prosecutions <S4 

Special  offenses  in  connection  with  hunting  licenses    S4 

Dogs 85 

Ferrets 87 


b  CONTENTS. 

Page. 

Special  problems 88 

Cooperation 88 

'  Soonera ' 88 

Hunting  accidents s 89 

Cold  storage 90 

Indians 91 

Aliens 98 

Part  II. — Summaries  of  the  Provisions  Relating  to  Enforcement. 

Alabama . 100 

Alaska 101 

Arizona 101 

Arkansas 101 

California 101 

Colorado 102 

Connecticut 104 

Delaware 105 

District  of  Columbia 105 

Florida 105 

Georgia 106 

Idaho 106 

Illinois 107 

Indiana 108 

Iowa 108 

Kansas 109 

Kentucky '. 109 

Louisiana. 110 

Maine 110 

Maryland 112 

Massachusetts 112 

Michigan 113 

Minnesota  ._ 114 

Mississippi 115 

Missouri 116 

Montana 116 

Nebraska 117 

Nevada 119 

New  Hampshire 119 

New  Jersey 119 

New  Mexico 120 

New  York 121 

North  Carolina 122 

North  Dakota 122 

Ohio 123 

Oklahoma 124 

Oregon 125 

Pennsylvania 126 

Rhode  Island 127 

South  Carolina 128 

South  Dakota 128 

Tennessee 129 

Texas 130 

Utah 131 

Vermont 131 

Virginia 132 


oont]  m  re.  < 

Washington  133 

Wesl  Virginia  134 

Wisconsin L35 

Wyoming 

Part  II]      Extracts  prom  Laws  with  Sprci a i    Rrprrrn Enporcbmrnt. 

Alabama   137 

AJaska  i  n 

i.i 1 1 1 

Arkansas 142 

California L43 

Colorado l  »•"» 

Connecticut 150 

I  tela*  are L52 

District  of  Columbia 156 

Fit  >rida 1 55 

I  reorgia 157 

[daho L58 

Illinois L61 

[ndiana L65 

[owa 167 

Kansas L69 

Kentucky 171 

Louisiana 17-! 

Main.- 17:; 

Marxian. 1 17s 

Massachusetts L82 

Michigan L84 

Minnesota lss 

M  ississippi L93 

Ifissouri L94 

Montana 195 

Nebraska 201 

Nevada 204 

New  Hampshire 205 

New  Jersey ' 207 

New  Mexico 212 

New  York 21:5 

North  Carolina 217 

North  I  hikota 219 

Ohio .' 221 

( >klah< >ma 

<  >regi  >n 229 

Pennsylvania 233 

Rhode  Island 24:; 

South  Carolina 244 

South  I  Dakota 248 

Tennessee l'.^l' 

Texas 

Utah .   256 

Vermont 258 

Virginia 261 

Washington 264 

West  Virginia 266 

Wisconsin 269 

Wyoming 275 

Index 28 


ILLUSTRATIONS. 


Plate  I.  Map  showing  officers  charged  with  enforcement  of  game  laws.  Frontispiece 

II.  Maps  showing  progress  in  establishment  of  game  commissions 16 

Fig.  1.  States  which  had  game  commissions  in  1890. 
Fig.  2.  States  which  had  game  commissions  in  1900. 

III.  Diagram  showing  terms  of  service  of  State  game  commissioners  and 

wardens 20 

IV.  Diagram  showing  salaries  of  State  commissioners  and  wardens 24 

V.  States  which  authorize  wardens  to  search  without  warrant 54 

VI.  States  which  authorize  wardens  to  seize  without  warrant 56 

VII.  Disposition  of  seized  game 58 


PREF  \< 


'Pin1  publications  on  game  laws  originally  contemplated  by  tin  Bio 
logical  Survey  and  outlined  In  its  reports  comprise  three  series:  (1) 
A  summary  »•!'  the  laws  relating  to  seasons-,  shipment,  sale,  and  licenses; 
C_M  a  digest  of  laws  relating  to  nongame  birds;  and  (3)  a  digest  of 
!>r<>\  isions  for  the  enforcement  of  game  laws.  The  first  of  these  pub- 
lications was  issued  in  L900  and  has  since  been  revised  cadi  year;  the 
Becond  was  published  in  L900  and  revised  in  1902;  the  third  is  now 
published  for  the  tirst  time.  No  other  general  work  or  compilation 
of  game  laws  contains  existing  provisions  relating  to  enforcement, 
and  heretofore  to  compare  such  laws  it  has  been  necessary  to  have 
recourse  cither  to  the  statutes  or  to  the  separate  pamphlet  editions  of 
the  game  laws  of  each  State. 

In  number  of  game  laws  and  frequency  of  change  in  their  provisions 
the  United  States  probably  surpasses  all  other  countries  of  the  world. 
Nearly  700  game  laws  have  been  enacted  by  State  legislatures  since 
the  passage  of  the  Lacey  Act  in  L900.  Many  of  these  laws  are  local  in 
character,  some  have  been  amended,  and  a  few  have  been  repealed; 
but  a  large  number  of  general  provisions  are  still,  nominally  at  least, 
in  force.  Of  these  a  great  many  are  dormant  through  lack  of  ade- 
quate means  of  enforcement,  in  spite  of  the  fact  that  an  important  part 
of  the  legislation  of  the  last  seven  years  has  comprised  measures 
designed  to  give  effect  to  the  great  body  of  game  laws  now  on  the 
statute  books.  It  is  thus  evident  that  the  child'  need  of  game  protec- 
tion at  the  present  time  is  not  so  much  an  increase  in  the  number  of 
game  laws  as  more  effective  enforcement  of  those  already  enacted. 
The  problem  of  how  to  make  the  rapidly  growing  and  frequently 
changing  mass  of  legislation  readily  accessible  to  the  general  public  is 
one  which  has  not  yet  been  satisfactorily  solved,  and  the  rapid  in- 
crease in  population  and  in  the  number  of  persons  who  hunt  makes 
its  solution  more  and  more  difficult,  notwithstanding  modern  systems 
of  publication  and  distribution  adopted  by  the  game  departments  of 
most  of  the  States. 

In  the  fifty -five  years  which  have  elapsed  since  the  office  of  game 
warden  was  tirst  established,  the  population  of  the  United  Smte^  has 
increased  from  less  than  25,000,000  to  more  than  82,000,000,  and  during 
this  period  the  proportion  of  those  who  hunt  has  probably  increased  in 
even  greater  ratio.     The  number  of  those  who  hunted  in  1905  is  con- 

9 


10  PREFACE. 

servatively  estimated  at  from  2,500,000  to  3,000,000.  To  regulate 
hunting  by  this  constantly  growing  army  of  sportsmen  it  has  been 
found  necessary  to  improve  the  efficiency  of  the  warden  service,  and 
since  1900  the  number  of  States  which  have  general  officers  in  charge 
of  game  law  enforcement  has  advanced  from  31  to  39.  In  Tennessee 
the  office  of  warden  has  been  raised  to  the  dignity  of  a  department  of 
the  State,  and  in  11  States  the  salaiy  of  the  executive  officer  is  $2,000 
or  more,  reaching  in  New  York  the  sum  of-  $5,000  a  year.  The  prob- 
lem of  providing  funds  necessary  for  the  maintenance  of  the  work, 
intrusted  to  these  officers  has  been  greatly  simplified  by  the  adoption 
of  the  license  system.  In  1905  the  funds  available  for  game  protec- 
tion consisted  of  fees  from  hunting  licenses  amounting  to  more  than 
half  a  million  dollars,  specific  appropriations  aggregating  about  $350,- 
000,  and  receipts  from  fines  and  miscellaneous  sources  probably  suf- 
ficient to  bring  the  total  up  to  nearly  a  million  dollars.  At  least  9 
States  have  already  reached  the  point  where  the  warden  department 
has  been  placed  on  a  self-sustaining  basis. 

Knowledge  of  the  provisions  by  which  the  laws  are  enforced  is  not 
only  important  for  economical  and  successful  administration  by  offi- 
cers specially  charged  with  such  duties,  but  is  of  value  to  many  per- 
sons interested  in  game  protection,  and  especially  to  residents  of 
States  which  have  under  consideration  the  establishment  of  a  warden 
system  best  adapted  to  meet  local  needs  and  conditions.  In  order  to 
present  this  information  in  the  most  convenient  form  the  present 
bulletin  has  been  divided  into  three  parts:  Part  I  contains  a  historical 
summary  of  the  evolution  of  the  warden  service  and  general  discus- 
sion of  various  features  connected  with  warden  work;  Part  II,  a  sum- 
mary of  the  important  provisions  of  the  laws  stated  in  the  briefest 
possible  form  and  arranged  in  uniform  sequence;  Part  III,  extracts 
from  the  statutes  relating  to  game  warden  departments,  duties  and 
powers  of  officers,  and  special  provisions  connected  with  administra- 
tion. No  effort  has  been  spared  to  make  the  report  as  complete  and 
accurate  as  possible.  In  addition  to  extracts  from  the  statutes,  it  con- 
tains the  results  of  seven  }^ears'  observation  of  the  methods  of  admin- 
istering game  laws  and  the  conclusions  of  those  who  have  contributed 
to  the  discussion  of  points  of  special  interest.  The  extracts  from  the 
laws  have  been  brought  down  to  date  by  inclusion  of  the  amendments 
made  in  1907;  and  in  many  instances  the  text  is  annotated  by  refer- 
ences to  decisions  of  the  higher  courts  and  to  important  articles  in 
sportsmen's  journals  for  the  benefit  of  those  who  may  care  to  consult 
the  histoiy  or  the  discussion  of  special  subjects. 

T.  S.  Palmer, 
In  Charge  of  Game  Preservation. 


GAME  COMMISSIONS  AM)  WARDENS. 

THEIB   kPPOWTMENT,  POWERS,  \M>  DUTIES, 


PART  I.     GENERAL  DISCUSSION. 

GAME  OFFICIALS. 

DEVELOPMENT    OF    THJ      9TATE    GAME     COMMISSION      \\l»    WARDEN8HIP. 

The  offices  of  game  commissioner  and  State  game  warden  of  the 
present  day  are  not  the  outcome  of  spontaneous  growth,  but  the  result 
of  numerous  experiments  and  modifications  necessitated  by  the  grow- 
bag  importance  of  the  subject  of  preserving  game.  Originally  game 
protection  was  left  to  sheriffs  and  oilier  local  officers,  and  later,  after 
the  appointment  of  fish  wardens,  was  included  incidentally  among  the 
duties  of  that  office.  In  Arkansas  the  game  laws  are  still  enforced  by 
the  local  constabulary,  and  in  California  the  protection  of  game  is 
still,  a-  originally,  under  the  charge  of  the  hoard  of  6sh  commissioners. 

The  development  of  the  office  of  State  game  warden  from  that  of  fish 
warden  occupied  a  period  of  nearly  half  a  century  and  was  marked  by 
various  experimental  steps.  Maine  was  apparently  the  first  State  to 
provide  a  special  officer  charged  with  the  duty  of  protecting  fish. 
Under  a  law  passed  in  lsi:;  the  governor  was  required  to  appoint 
three  'fish  wardens'  for  each  of  the  counties  of  Penobscot,  Hancock. 
and  "Waldo,  to  serve  three  years,  and  to  meet  annually  at  Bangor  for 
the  transaction  of  business  connected  with  the  supervision  of  the 
salmon,  -had.  and  alewife  fisheries  of  Penobscot  Bay  and  River.  The 
idea  seemed  to  inert  with  popular  approval,  for  in  the  following  year, 
1844,  it  was  extended  in  a  modified  form  by  the  passage  of  a  law  requir- 
ing the  towns  of  Cushing,  St.  George,  Thomaston,  and  Warren  to 
elect  fish  warden-  annually  (two  in  Warren  and  one  in  each  of  the 
others)  t<>  supervise  the  fisheries  in  Georges  River.  In  L852,  nine 
year-  after  the  adoption  of  the  fish-warden  system  and  twenty-two 
year-  after  the  passage  of  the  first  law  protecting  moose  and  deer  in 
the  State,  the  legislature  of  Maine  applied  the  new  plan  to  the  protection 
of  game  by  authorizing  the  governor  t<>  appoint  a  'moose  warden' 
for  each  of  the  counties  of  Oxford,  Franklin.  Somerset,  Penobscot, 
Sagadahoc,  Aroostook,  and  Washington,  whose  duties  included  the  pro- 
tection of  deer  as  well  as  moose.     Again  the  plan  seemed  to  meet  with 

11 


12  GAME    COMMISSIONS   AND   WARDENS. 

approval  and  was  extended.  In  1853,  a  year  later,  the  office  of  town 
moose  warden  was  established,  and  each  town  in  the  State  was  author- 
ized to  elect  one  of  these  officers  charged  with  the  protection  of  its  big 
game. 

In  1858  the  example  of  Maine  was  followed  in  New  Hampshire  by 
the  passage  of  a  law  authorizing  the  selectmen  or  municipal  authori- 
ties to  appoint  fish  wardens.  The  compensation  of  these  officers  con- 
sisted of  one-half  of  the  fines  resulting  from  prosecutions  instituted 
by  them,  an  incentive  to  vigilance  still  employed  in  many  States. 
The  growth  of  fishery  interests,  particularly  in  the  New  England 
States,  soon  demanded  effective  organization,  and  the  'fish  commis- 
sion '  came  into  existence  in  1865  in  Massachusetts  and  New  Hampshire, 
and  in  1867  in  Connecticut  and  Vermont.  That  of  New  Hampshire  is 
of  special  interest  in  this  connection,  since  it  was  subsequently  reor- 
ganized as  the  first  fish  and  game  commission  of  the  country. 

In  1868  New  York  followed  the  example  set  by  the  New  England 
States  and  created  a  fish  commission,  and  three  years  later,  in  1871, 
adopted  the  Maine  plan  of  placing  the  protection  of  game  in  the  hands 
of  a  special  officer.  Boards  of  county  supervisors  were  authorized  to 
hold  elections  in  each  town  for  a  '  game  constable '  to  serve  a  year  and 
receive  as  compensation  half  the  fines  recovered  in  prosecutions  under 
the  game  laws  and  in  addition  such  fees  as  were  allowed  constables. 
In  the  next  two  years  provision  was  made  for  special  officers  in  two 
other  States,  but  modified  to  suit  local  conditions:  In  1872  Maryland 
established  a  'board  of  ducking  police'  to  enforce  the  ducking  laws  on 
the  Susquehanna  Flats,  at  the  head  of  Chesapeake  Bay,  and  in  1873  New 
Jersey,  under  a  statute  authorizing  the  incorporation  of  a  game  pro- 
tective association,  granted  certain  police  powers  to  members  of  such 
associations,  with  authority  to  enforce  the  game  laws  in  certain  counties. 

Meanwhile  the  laws  of  Maine  had  been  extended  to  include  game 
birds  as  well  as  big  game,  and  in  1878  the  duties  of  the  warden  were  sim- 
ilarly extended  under  the  new  title  of  '  county  moose  and  game  warden.' 
In  the  same  year  occurred  the  reorganization  of  the  New  Hampshire 
fish  commission  as  a  board  of  fish  and  game  commissioners.  Finally, 
in  1887  Minnesota  established  the  office  of  State  game  warden,  and  in 
1888  New  York  that  of  chief  game  and  fish  protector.  Thus  within 
fifty  years  after  the  appoiutment  of  fish  wardens  in  Maine  the  benefits 
of  warden  service  had  been  recognized  in  half  a  dozen  States  by  the 
successive  creation  of  the  moose  warden  in  Maine,  the  game  constable 
in  New  York,  the  ducking  police  in  Maryland,  the  association  member 
with  the  authority  of  a  constable  in  New  Jersey,  the  fish  and  game 
commissioner  in  New  Hampshire,  and  the  State  game  warden  in  Min- 
nesota. 

It  is  beyond  the  scope  of  this  bulletin  to  trace  the  course  of  evolu- 
tion of  the  game  wardenship  in  each  State;  but  it  will  be  of  interest  to 
note  the  changes  occurring  in  Connecticut,  which  may  be  taken  as  a 


i  i .  \:\ 

typical  illustration.  Here  the  appointment  of  'commissioners  on  ii~h 
eries'  was  first  authorized  in  L867,  with  a  \  iew  t<>  the  introduction  and 
propagation  of  fish.  The  act  provided  for  appointment  i>\  the  go\ 
ernor  of  three  commissioners  to  hold  office  for  one  year  and  t<»  make 
complaints  for  violations  of  the  ti^h  laws,  consider  the  introduc- 
tion, protection,  and  culture  «>t"  fish,  cooperate  with  fish  commissioners 
of  other  States,  and  report  to  the  legislature.     Their  compensation 

wa-  fixed  at  s-">  a    day  while   officially   employed   and   an   allowance  for 

necessary  expenses.     In  L870  the  term  of  office  was  increased  to  four 

year-.  Anaei  o\  1^71  authorized  the  appointment  i»\  the  selectmen 
of  any  town,  upon  the  request  of  the  fish  commissioners,  of  two  or  more 
fish  wardens  to  assist  them  in  detecting  and  prosecuting  offenders  in 
Buch  town,  with  compensation  t<>  he  prescribed  by  the  selectmen 
and  paid  from  the  town  treasury.  Ln  addition  to  such  compensation 
they  were  allowed  one-half  the  penalty  recovered  when  offenses  were 
detected  by  them.  It  will  1  >e  noticed  that  the  right  of  arrest,  search, 
and  seizure  was  not  conferred  upon  the  commissioners  or  warden-  by 
this  act:  they  could  only  request  the  issue  of  warrants  to  sheriffs, 
constables,  and  police  officers.  In  IsTl'  the  fish  commissioners  were 
authorized  to  appoint  two  or  more  fish  wardens  for  each  town,  such 
wardens  to  receive  the  same  fees  allowed  grand  jurors  in  criminal  cases 
and  one  half  the  penalty  recovered  when  they  detected  the  offense. 
This  was  the  first  authorization  to  the  commissioners  to  appoint  wardens. 
In  1^7:>  the  powers  of  sheriffs,  so  far  as  they  extended  to  arrests,  were 
conferred  upon  the  town  ti-h  wardens.  NO  further  change  was  made 
for  nine  year-,  when,  in  L882,  the  original  act  of  1867  as  amended  in 
1^71  was  still  further  amended  by  reduction  of  the  term  of  office  of  the 
Dommissioners  to  three  years  and  addition  of  a  provision  that  their 
appointment  should  he  " with  the  advice  and  consent  of  the  Senate." 
The  following  year,  L883,  the  legislature  recognized  the  necessity  for 
some  officer  to  superintend  the  protection  of  game  by  providing  for  the 
appointment  by  the  selectmen  of  every  town  of  two  or  more  game  war- 
dens "  t.»  assist  in  detecting  and  prosecuting  offenses'3  against  the  game 
law-:  their  compensation  was  to  he  the  same  as  that  received  by  grand 
jurors  for  similar  services  in  criminal  cases,  their  term  of  office  was  two 
yeai--.  and  they  were  invested  with  the  same  powers  as  other  officers  to 
arrest  for  violations  of  the  game  law  -. 

Six  year-  elapsed  before  another  change  was  made.  In  L889  two 
very  similar  act-  were  passed,  one  providing  for  the  appointment  of 
game  warden-,  the  other  providing  for  the  appointment  of  fish  war- 
den-. The  county  commissioners  of  every  county  were  to  appoint  one 
of  each  of  such  officers  for  their  county;  the  term  of  office  was 
placed  at  two  year-:  power  to  arrest  for  violations  of  the  respective 
law-  was  conferred  upon  them,  and  they  were  authorized  to  deputize 
any  person  to  assist  them  in  detectine;  and  arresting  offenders:  and 
they  were  required  to  take  the  oath  of  office.     Game  wardens  were 


14  GAME    COMMISSIONS    AND    WARDENS. 

given  power  to  search  any  refrigerator  or  other  receptacle  in  an}' place 
where  gray  squirrels,  ruffed  grouse,  woodcock,  or  quail  might  be 
sold,  bought,  or  transported  in  violation  of  law,  while  fish  wardens 
were  authorized  to  search  any  basket,  bag,  vehicle,  or  other  place 
where  tish  were  kept  or  carried.  The  rish  wardens  were  allowed  the 
same  fees  grand  jurors  received  in  criminal  cases,  and  in  addition  one- 
half  of  the  fines  recovered  where  the  offenses  were  detected  by  them. 
No  compensation  was  provided  for  the  game  wardens.  A  peculiar 
and  somewhat  anomalous  provision  of  each  act  required  the  count}T 
commissioners  to  furnish  the  names  of  the  wardens  upon  request  of 
any  citizen  of  the  State.  One  effect  of  the  fish-warden  act  was  to  take 
away  from  the  fish  commissioners  the  power  to  appoint  wardens  con- 
ferred upon  them  b}T  the  act  of  1872.  In  1893  the  legislature  declared 
that  in  prosecutions  relating  to  game  the  warden,  deputy,  or  other 
officer  making  the  arrest  should  be  entitled  to  a  fee  of  810  where  convic- 
tion was  had,  to  be  taxed  as  costs  against  the  defendant.  During  the 
same  year  an  act  was  passed  granting  to  the  commissioners  of  fisheries 
the  right  to  appoint  not  more  than  three  special  deputies  who  should 
perform  in  any  county  of  the  State  the  same  duties  and  receive  the 
same  compensation  as  the  fish  wardens  authorized  by  the  laws  of  1889. 
Another  act  of  the  same  year,  amending  the  act  of  1889,  authorized 
the  county  fish  warden  to  appoint  not  more  than  10  deputies.  Con- 
solidation of  fish  and  game  interests  took  place  in  1895,  when  the  act 
(ch.  46,  p.  165)  creating  a  commission  of  fisheries  and  game  was 
passed.  It  provided  that  on  or  before  May  1  of  that  year  and  bien- 
nially thereafter  the  governor  should  appoint  three  commissioners  of 
fisheries  and  game,  to  succeed  the  officers  already  existing  and  to 
exercise  the  same  powers.  The  compensation  remained  as  before,  but 
the  new  commissioners  were  granted  an  allowance  of  §200  a  year  for 
clerical  expenses.  Their  duties  included  the  supervision  of  fish  hatch- 
eries; introduction,  distribution,  and  propagation  of  fish  and  game; 
and  enforcement  of  the  laws,  for  which  last-mentioned  purpose  they 
were  given  the  powers  of  other  officers  to  arrest  and  prosecute  offend- 
ers. They  were  also  empowered  to  appoint  the  necessary  number  of 
special  protectors,  who  could  serve  in  any  county  and  under  the  same 
compensation  allowed  fish  and  game  wardens.  With  some  additional 
power  the  present  commission  is  substantially  the  same  as  that  created 
in  1895. 

A  few  States,  while  retaining  the  combined  duties  of  enforcement 
of  fish  and  game  laws  in  one  office,  have  found  it  expedient  to  assign 
the  purely  economic  work  of  fish  culture  to  another  board;  but  Xew 
York,  Oregon,  and  Tennessee  have  not  only  continued  to  allow  one 
officer  to  perform  the  different  duties,  in  spite  of  their  growing  impor- 
tance, but  have  also  committed  forestry  to  his  charge.  In  8  States — 
Florida,  Georgia,  Kentucky,  Louisiana,  Mississippi,  Nevada,  South 
Dakota,  and  Virginia — the  game  laws  are  still  administered  by  count] 


" 


RSTABLIS1IMKN1     OF    (JAM I     i 


15 


or  district  wardens,  I » u  t  a^  methods  of  game  protection  develop,  the 
lo.ul  system  becomes  more  and  more  inadequate,  and  most  States  have 
replaced  it  with  the  stronger  one  in  w  bich  the  duties  are  committed  to 
:i  board  of  commissioners  or  to  a  State  game  warden  and  bis  assistants. 
Evidence  of  the  superiority  of  this  plan  is  found  in  the  facl  that  i(  has 
imw  been  adopted  bj  89  States,  as  shown  in  Plate  [  (frontispiece)  and 
in  the  follow  ing  table: 

le  showing  Dot*  shment  of  Qame  Commissions  and  Stat*   W  ps. 


Alabama 
arisona  . . 
California 

Colorado  . 


Connecticut . . 

Idaho  

Illinois 

Indiana 

Iowa 



Maryland 

husettt 

Michigan 

Minnesota 


Missouri 

Montana 

Nebraska 

mpshire. 


New  Mexico. 

New  York  . . . 


North  Carolina . 
North  Dakota  . . 

Ohio 

Oklahoma 



Pennsylvania  . 
abode  Island. . 

South  Carolina 



Utah  

Vermont 


Washington  . . 

Weal  Virginia 
Wisconsin 

Wyoming 


a 


£ame  and  Bah  commissioner 

Fish  and  game  commissioners 

B         of  rah  commissioners 

Jarisdictioo  extended  to  game 

Btate  Bab  commissioner 

Jurisdiction  extended  t<>  game 

siate  game  and  Bah  commissioner 

(  ommissioners  on  fisheries 

Commission  of  fisheries  and  game 

Delaware  game  protective  association 

Fish  and  game  warden 

Qame  warden  (one  (breach  of  the  three  largest  cities). 

une  commissioner 

Commissioner  of  fisheries 

Commissioner  of  fisheries  and  game 

State  fish  and  g  line  warden 

Commissioner  of  fisheries 

state  fish  and  game  warden 

Commissioners  of  fisheries 

Jurisdiction  extended  to  game 

Commissioners  of  inland  fisheries  and  game 

Hoard  of  special  ducking  police 

dame  warden 

Commissioners  of  fisheries 

Jurisdiction  extended  to  game 

Qame  and  fish  warden  department 

Commissioners  of  fisheries 

state  game  warden 

Hoard  of  game  and  fish  commissioners 

Game  and  fish  warden 

n^ard  of  game  and  fish  commissioners 

I   me  and  fish  warden 

Game  and  fish  commission 

Pish  commission 

Hoard  of  fish  and  game  commissioners 

Commissioners  of  fisheries 

Jurisdiction  extended  to  game 

Hoard  of  ti-h  and  game  commissioners 

Game  and  fish  warden 

Commission  of  fisheries 

<  !hief  gaine  and  fish  protector 

Forest,  fish,  and  game  commission 

Audubon  Society  of  North  Carolina 

state  game  warden 

District  game  warden    

Commissioners  of  fisheries 

Commissioners  of  fish  and  game 

Territorial  game  and  fish  warden 

Came  and  fish  protector 

Came  and  fore-try  warden 

mmissioners -. 

Commissioners  of  birds 

Audubon  Society  of  South  Carolina 

State  ward.-n  . . ." 

Mate  warden  of  game,  fish,  and  fore-try 

Fish  and  oyster  commissioner 

Game.  fish,  and  oyster  commissioner 

State  fish  and  game  warden 

state  fish  and  game  commissioner 

Fish  commission 

Fish  and  game  commission.. . 

Fish  and  game  commissioner 

Game  warden 

state  fish  commissioner  and  game  warden 

Came  and  fish  warden 

State  warden 

Fish  commissioner 

Jurisdiction  extended  to  game 

State  game  warden 


1870 

lsTT 
1891 

1879 
1 S86 

1881 

1-77 
1906 
1-7- 
[880 

1872 

1887 

1-71 
1887 

l'XIl 

1901 

1878 

l-7ii 
1894 

38£ 

1896 
1903 

1 595 
1903 

- 

1 893 

1899 

1903 
1905 

1 896 
1907 

1 992 
1904 
1890 

1 897 
1891 

1-7'.' 

1899 


4358— No.  28—07- 


16  GAME    COMMISSIONS   AND    WARDENS. 

COMMISSIONS. 

One  Territory  and  L3  States — Arizona,  California,  Connecticut, 
Delaware,  Maine,  Massachusetts,  Minnesota,  New  Hampshire.  New 
Jersey,  North  Carolina.  Ohio,  Pennsylvania,  Rhode  Island,  and  South 
Carolina — commit  the  administration  of  their  game  laws  to  hoards  of 
commissioners."  whose  membership,  except  in  Delaware,  North  Caro- 
lina, and  South  Carolina,  ranges  from  3  to  6.  All  except  those  of  Dela- 
ware. North  Carolina,  Pennsylvania,  and  Rhode  Island  are  also  charged 
with  the  enforcement  of  the  fish  laws.  In  California  the  board  is  a  fish 
commission  with  jurisdiction  over  matters  pertaining  to  game.  In  Ohio 
not  more  than  3  of  the  5  members,  and  in  New  Jersey  not  more 
than  2  of  the  4,  ma}T  belong  to  the  same  political  party — an  effort  in 
each  case  to  preserve  a  nonpartisan  body.  Pennsylvania  also  pro- 
hibits the  appointment  of  any  2  of  the  6  commissioners  from  the  same 
senatorial  district.  As  a  precaution  against  the  retirement  of  all  the 
members  at  the  same  time,  Ohio,  in  the  act  creating  the  commission, 
provided  that  one  should  be  appointed  for  one  year,  another  for  two, 
another  for  three,  and  so  on,  and  at  the  expiration  of  the  respective 
terms  the  successor  should  be  appointed  for  five  years.  Pennsjdvania 
adopted  a  similar  plan.  In  this  way  there  is  always  a  quorum  familiar 
with  the  duties  of  the  board  and  the  greatest  efficiency  is  insured. 

Office. — In  most  cases  the  State  commission  has  an  office  at  the  State 
capital,  but  in  California,  Connecticut,  Delaware,  New  Hampshire, 
New  Jersey,  and  North  Carolina,  the  main  office  is  located  in  some 
commercial  center,  or  the  business  is  transacted  at  the  place  of  resi- 
dence of  some  member  of  the  commission. 

Appointment. — In  every  State  the  commissioners  are  appointed  by 
the  governor,  and  it  is  usual  to  require  their  confirmation  by  the  senate 
or  executive  council.  No  special  qualifications  for  appointment  are 
required  by  the  acts  creating  commissions. 

Term. — The  terms  of  service  vary  from  two  years  in  Arizona  and 
Connecticut  to  five  }Tears  in  Massachusetts,  New7  Hampshire,  New 
Jersey,  and  Ohio.  In  California  the  commissioners  serve  "during  the 
pleasure  of  the  governor." 

Bond. — Ohio  is  apparently  the  only  State  which  requires  the  mem- 
bers of  the  board  to  give  bond  ($2,000),  but  this  is  a  common  require- 
ment when  the  duties  of  the  office  are  intrusted  to  a  single  commissioner 
or  warden. 

Compensation. — In  Arizona,  California,  Minnesota,  NewT  Jersey, 
Ohio,  Penns}Tlvania,  and  Rhode  Island  the  commissioners  receive  no 
compensation,  the  position  being  largely  an  honorary  one,  but  not 
without  responsibility  and  care.  It  is  customary,  however,  to  allow 
them  a  sum,  usually  fixed  by  law,  to  defray  their  expenses.     In  Arizona 

«In  Delaware,  North  Carolina,  and  South  Carolina  incorporated  societies  exercise 
the  functions  of  a  commission,  as  explained  on  p.  18. 


I' 


Fig.  1.— States  i  ruled    which  had  Game  Commissions  in  1890. 


Fig.  2.— States  'ruled)  which  had  Game  Commissions  in  1900. 
MAPS  SHOWING  PROGRESS  IN  ESTABLISHMENT  OF  GAME  COMMISSIONS. 


ICMI86IO!  17 

the  legislature  of  L905  appropriated  •    t«-  cover  the  expei 

of  tln«  commissioners  for  the  years  L908  and  LU04;  in  Minn. 
the  commissioners  receive  their  necessary  expenses,  to  be  paid  upon 
itemized  statements  dulj  audited  bj  the  <•(niimi--i.ui:  \< w  Jersey 
allow  -  each  commissioner  $200  per  annum  for  ( raveling  expenses;  and 
in  Ohio  the  commissioners  receive  reimbursement  for  all  expenses 
incurred  in  the  discharge  of  duty.  Nothing  is  stated  in  the  laws  of 
California  and  Pennsylvania  in  reference  to  the  expenses  of  the  com- 
mission, but  the  legislature  appropriates  an  amount  for  use  in  the  per- 
formance of  their  duties.  Rhode  [sland  in  L907  set  apart  1300  to  be 
used  i»\  the  commissioners  of  birds  during  that  year.  The  other  four 
State-  pr<>\  ide  regular  stipends.  Connecticut  allows  each  commissioner 
$3  per  dav  and  bis  actual  expenses  while  officially  employed  and  also 
grants  $200  per  annum  t'<>r  the  clerical  work  of  the  commission; 
Maine  pays  the  chairman  of  the  commission  $2,000  a  year,  the  Becond 
commissioner,  who  is  also  land  agent,  $2,000,  and  the  third  com- 
missioner $1,000;  Massachusetts  doe-  not  specify  the  salary  of  the 
commissioners  of  fisheries  and  game  in  the  statute  creating  the  office; 
but  New  Hampshire  allows  the  chairman  of  the  board  of  fish  and  game 
commissioners  $1 ,000  per  annum  and  the  other  two  members  $800  each. 

Duties  and  powers.  'The  duties  of  the  commissioners  in  every  State 
are  similar  and  comprehend  every  phase  of  game  protection.  Their 
powers  in  some  States  are  very  broad  and  extend  to  the  enforcement 
of  the  laws  by  action  without  warrant.  Thus  in  Arizona.  Maine. 
Massachusetts,  Minnesota.  New  Hampshire,  New  Jersey,  and  Rhode 
Island  the  commissioners  may  arrest  without  warrant  under  certain 
conditions.  They  usually  have  power  to  appoint  deputies,  fix  their 
compensation,  and  prescribe  the  term-  <>t  their  service.  In  Maine  the 
commissioners  may.  when  they  deem  it  for  the  best  interests  of  the 
State,  entirely  prohibit  the  taking  of  any  kind  of  game  in  any  part  of 
the  State  for  a  -erics  of  years  not  exceeding  four,  hut  are  required  to 
make  periodical  reports  to  the  governor  or  the  Legislature,  showing  in 
detail  these  and  other  transactions  of  their  offices. 

Board  meetings. — As  the  commissioners  usually  serve  without  com- 
pensation oi-  for  small  salaries  and  reside  in  widely  separated  sections 
of  the  State,  it  is  not  contemplated  that  they  shall  hold  continuous 
sessions,  hut  merely  assemble  at  stated  times  for  the  transaction  of 
business.  Thus,  in  Pennsylvania  it  is  provided  (hat  they  shall  have  an 
office  in  the  State  capitol,  where  they  shall  hold  meetings  on  the  first 
Thursdays  of  January  and  July  and  at  such  other  times  and  places  in 
the  State  as  they  shall  appoint.  In  Minnesota  the  commission  i^  re- 
quired to  have  an  otlice  in  the  capitol,  where  the  members  meet  at 
such  times  as  they  deem  necessary.  Similarly,  in  Ohio  the  commis- 
sioners maintain  an  office  in  Columbus  and  meet  as  often  as  necessity 
requires. 


18  GAME    COMMISSIONS    AND    WARDENS. 

/:>,  cutivi  offid  r. — Under  the  conditions  just  described  it  is  obviously 
necessanr  that  there  should  be  an  officer,  with  a  definitely  located 
office,  to  perform  the  duties  and  attend  to  the  business  of  the  commis- 
sion when  it  is  not  in  session.  The  Arizona  commissioners  designate 
one  of  their  number  as  business  agent.  In  California  the  fish  commis- 
sion has  a  chief  deputy,  who  devotes  his  entire  time  to  the  duties  of 
the  commission.  The  Minnesota  law  authorizes  the  board  to  select 
one  of  its  members  as  the  executive  agent,  who  is  required  to  devote 
all  of  his  time  to  the  duties  of  his  office,  and  is  empowered  to  exercise 
all  the  rights  and  authority  of  the  commission  when  it  is  not  in  ses- 
sion. His  compensation  is  placed  at  a  sum  not  to  exceed  $2,500  per 
annum,  and  he  must  give  bond  to  the  State  in  the  sum  of  $5,000,  con- 
ditioned upon  the  faithful  accounting  of  all  State  property  coming 
into  his  hands.  Pennsylvania  also  makes  provision  for  a  secretary, 
who  acts  in  the  capacity  of  chief  warden  and  business  manager  for  the 
commission. 

Incorporated  societies — In  three  States — Delaware,  North  Carolina, 
and  South  Carolina — the  enforcement  of  game  laws  is  intrusted  to  incor- 
porated associations.  The  Delaware  Game  Protective  Association  was 
incorporated  in  1879  by  special  act  of  the  legislature.  The  charter 
of  the  societ}7  conferred  upon  it  all  the  powers  of  a  modern  game  com- 
mission and  intrusted  to  its  care  the  administration  of  the  game  laws 
of  the  State.  The  original  incorporation  was  limited  to  twenty  years. 
but  in  1899  was  extended  perpetually.  The  president  and  secretary 
of  the  society  are  the  principal  administrative  officers,  but  each  mem- 
ber is  empowered  b}T  the  charter  to  enforce  the  game  laws  and  inci- 
dentally to  arrest  offenders.  The  secretary  is  the  only  salaried  officer. 
The  fees  for  membership  constitute  the  game-protection  fund,  out  of 
which  the  expenses  of  the  society  are  paid. 

In  North  Carolina  and  South  Carolina  administration  of  the  game 
laws  is  committed  to  the  Audubon  societies,  which  have  been  incor- 
porated by  special  acts  of  the  legislatures  of  these  States.  The  execu- 
tive officer  in  each  is  the  secretary,  who,  in  all  respects,  except  name, 
is  the  State  game  warden.  He  is  elected  by  the  members  of  the  society, 
holds  office  for  one  year,  and  receives  a  salary  which  is  fixed  by  the 
board  of  directors.  The  treasurer  of  the  societ}7,  who  has  charge 
of  the  disbursement  of  State  funds  received  from  hunting  licenses,  is 
appointed  by  the  governor.  Bird  and  game  wardens  are  appointed 
by  the  governors  on  recommendation  of  the  secretaries  of  the  societies. 
Funds  for  carrying  on  the  work  are  derived  from  membership  fees. 
subscriptions,  and  the  fees  from  nonresident  hunting  licenses,  which 
in  North  Carolina  during  the  past  year  amounted  to  a  total  of  about 
$10,700. 

The  plan  of  intrusting  duties  of  this  kind  to  incorporated  societies  has 
met  with  favor  in  Nova  Scotia  and  some  of  the  States  of  Australia,  but 


Bl  \  i  l.   «.ami     u  \i;im  1  9 

in  the  United  States  1  »:i  ->  nol  been  generally  adopted.  In  New  Jersey 
it  proved  yery  unpopular,  and  after  an  experience  of  about  twentj 
years  w&&  abandoned.  It  should  be  explained,  however,  thai  this  ma} 
have  been  due  in  part  to  t  li«'  ext  raordinarj  powers  granted  the  societj 
under  the  act  of  L873.  In  Delaware,  for  several  years,  an  effort  has 
been  made  bj  the  members  of  the  societj  t<>  transfer  the  work  to  a 
regularly  organized  game  commission  on  the  plea  that  the  duties  could 
thus  be  more  effectively  performed.  North  Carolina  was  the  first  State 
to  incorporate  its  Audubon  societ}  and  confer  such  extensive  authorit} 
upon  it  a  method  of  enforcing  the  game  laws  which  in  this  State  has 
survived  the  experimental  Btage  and  is  now  a  demonstrated  success. 

STATE    GAME    R  LRDENS. 

Twenty-three    States    and    two   Territories— Alabama,    Colorado, 

Idaho.  Illinois  Indiana.  Iowa.  Kansas, Maryland,  Michigan,  Missouri, 
Montana.  Nebraska,  New  Mexico,  New  York,  North  Dakota,  Okla- 
homa, Oregon,  Tennessee,  Texas,  Utah,  Vermont,  Washington,  West 
Virginia,  Wisconsin,  and  Wyoming  provide  for  a  single  official  to 
direct  the  affairs  of  the  game  department,  the  title  of  the  office  vary- 
ing somewhat  with  each  State. 

The  constitution  of  Nebraska  (Art.  V,  sec.  26)  prohibits  the  creation 
of  any  executive  State  office  other  than  those  therein  mentioned  and 
provides  that  duties  devolving  upon  officers  not  provided  for -hall  be 
performed  by  those  already  authorized.  In  compliance  with  this 
provision  the  legislature  of  1(.'<>1.  in  the  act  establishing  a  game  and 
fish  commission,  declared  the  governorthe  wmmissioner.  The  actual 
duties  of  the  office  are.  however,  performed  by  a  chief  deputy,  ap- 
pointed by  him,  with  headquarters  in  the  capitol. 

North  Dakota  formerly  had  a  State  warden,  but  in  L903  the  legis- 
lature divided  the  State  into  two  game  districts  and  created  the  office 
of  district  game  warden  in  each  district.  In  a  targe  State  6r  in  one 
of  varied  topography  where  the  different  sections  requiring  >uper 
vision  are  widely  separated  thi>  plan  has  the  advantage  pf  permitting 
the  warden  to  exercise  a  closer  supervision  of  his  territory.  [Thus  in 
( Jolorado  there  are  five  chief  game  warden-,  each  assigned  to  a  definite 
territory,  and  all  under  the  supervision  of  the  commi.^ionrr. 

The  otliee  of  State  warden  in  Tennessee  is  a  cabinet  position, 
department  of  game,  fish,  and  forestry  having  been  ma-!  ■'"  the 

departments  of  the  State  government.0 

The  Legislature  of  Washington  in  creating  the  office  of  State  game 
warden  in  L899  directed  that  the  Mate  fish  commissioner  should  he 
ex  officio  warden;  and  in  L905  authorized  him  to  appoint  a  chief  deputy 
who  .should  devote  all  hi-  time  to  the  game  interests  <>f  the  State. 
The  magnitude  of  the  fisheries  industry  in  Washington  and  their  conse- 


"The  same  is  true  of  the  office  of  fish  commissioner  in  Pennsylvania. 


20  GAME    COMMISSIONS    AND    WARDENS. 

quent  demand  upon  the  attention  of  the  commissioner  made  it  neces- 
sary to  relieve  him  of  the  work  incident  to  enforcing  the  game  laws 
in  order  to  insure  more  efficient  administration  of  both  branches- of 
the  service. 

There  has  been  and  still  is  much  diversity  of  opinion  as  to  the 
advantage  of  a  single  officer  over  a  board.  Minnesota  at  one  time 
intrusted  the  warden  work  to  a  single  State  game  warden  under  the 
act  of  1887,  but  four  years  later  established  the  present  system  of  a 
board  of  game  and  fish  commissioners  responsible  for  the  policy  of  the 
work,  which  is  actually  performed  by  an  executive  agent.  Montana, 
on  the  other  hand,  in  1895,  established  a  board  of  game  and  fish  com- 
missioners, and  three  years  later  replaced  it  by  a  State  game  and  fish 
warden.  New  York  has  tried  both  plans,  but  has  now  placed  the  work 
in  charge  of  a  single  commissioner.  Prior  to  1904,  administration  of 
the  game  laws  of  Vermont  was  committed  to  a  commission  of  two 
members,  who  served  without  salary,  but  the  legislature  of  that  year 
abolished  the  old  commission  and  reorganized  the  office  with  a  single 
commissioner  at  its  head.  In  Wj^oming,  after  the  creation  of  the  office 
of  fish  commissioner  in  1879,  the  legislature  intrusted  the  duties  to  a 
board  of  six  members  from  1882  to  1884,  and  later  returned  to  the 
original  plan  of  placing  the  warden  work  in  charge  of  a  single  officer. 

Appointment. — In  every  State  and  Territory  above  mentioned, 
except  Alabama,  where  the  commissioner  is  elected  b}^  the  people,  the 
officer  is  appointed  by  the  governor  and  with  few  exceptions  con- 
firmed by  the  senate. 

Qualifications. — Scarcely  a  State  prescribes  any  qualifications  for 
the  incumbent  of  the  office.  Colorado  requires  the  appointee  to  be 
skilled  in  matters  relating  to  game  and  fish;  Kansas,  that  he  shall  pos- 
sess the  requisite  knowledge  of  the  duties  of  a  fish  and  game  warden, 
and  Utah  that  the  commissioner  "shall  not  be  a  member  of  any  hunt- 
ing, shooting,  or  fishing  club." 

Office. — The  office  of  the  State  warden  is  not  always  at  the  capital 
of  the  State.  Frequently  when  no  provision  is  made  for  him  in  the 
capitol,  he  maintains  an  office  and  transacts  his  business  at  his  place  of 
residence.  At  present  the  offices  of  the  commissioners  and  wardens 
of  Indiana,  Iowa,  Kansas,  Maryland,  Missouri,  North  Dakota,  Okla- 
homa, Oregon,  Vermont,  Washington,  West  Virginia,  and  Wyoming 
are  located  at  some  distance  from  the  capital. a 

Term. — The  term  of  office  fixed  by  law  varies  from  two  to  eight 
years  (see  PL  111).  In  Colorado,  Idaho,  Maryland,  Missouri,  Nebraska, 
New  Mexico,  North  Dakota,  Texas,  Utah,  Vermont,  and  Wisconsin  it 
is  two  years;  in  Iowa  three  years;  and  in  Alabama,  Indiana,  Kansas, 
Michigan,  Montana,  New  York,  Oklahoma,  Oregon,  Washington, 
West  Virginia,  and  Wyoming  four  years.     The  term  of  the  Illinois 

a  For  addresses  see  Directory  of  State  Game  Officials,  1907,  Circular  No.  62,  Bio- 
logical Survey,  IT.  S.  Department  of  Agriculture. 


Bull.  28,  B  U.  S   Dept    of  Agiicultur*. 


2  YEARS 


4YCAR5 


PLATf     III 

6 YEARS      8  YEARS 


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Diagram  Showing  Terms  of  Service  of  State  Game  Commissioners 
and  Wardens. 


STATE   GAME    WARD]  21 

commissioner  corresponds  with  that  of  the  governor  appointing  him, 
and  the  term  of  the  governor  is  four  years.  <  me  <>f  the  longest  termn 
assigned  l»\  I :i \\  for  :m\  game  official  in  tin-  United  States  is  thai  of 
the  game,  fish,  and  forest  i\  warden  of  Tennessee,  w  hich  is  eight  \  i 
ral  States  provide  that  the  State  official  maj  be  removed  l>\  the 
rnor  for  good  cause,  bui  the  Wyoming  act  declares  that  before 
removal  the  State  game  warden  shall  be  heard  in  his  own  defense. 

Bond.  Unlike  members  of  game  commissions,  the  single  officers 
in  charge  of  game  departments,  except  in  a  few  instances,  are  re- 
quired to  give  bond,  conditioned  usually  upon  proper  and  faithful 
discharge  of  their  duties  and  accountability  for  any  funds  coming  into 
their  hands.  In  Michigan  the  liability  upon  the  State  game  and  fish 
warden's  bond  extends  also  to  indemnity  for  all  wrongful  acts  of  the 
warden  and  his  deputies  while  acting  officially.  The  amounts  of  these 
bonds  vary  from  sin. to  >•" ;  New  Fork,  810,000;  Alabama,  Colo- 
rado, Idaho.  Michigan,  Oregon,  Utah,  and  Washington,  $6,000;  Mon- 
tana and  Wyoming,  $3, :  Indiana  and  New    Mexico,  $2,000;  North 

Dakota,  $1,000,  and  Tennessee,  $600.  No  bond  seems  to  be  required 
in  Illinois,  Iowa.  Kansas,  Maryland.  ( )klahoma, Vermont, West  Virginia, 
and  Wisconsin  unless  by  general  statute  or  constitutional  provision. 

xsation.  In  every  State  andTerritory  except  North  Dakota, 
Oklahoma,  and  Tennessee,  the  State  or  Territorial  warden  or  the  execu- 
tive officer  of  the  commission  receives  a  salary  usually  commensurate 
with  the  sen  ices  rendered.  (See  PL  IV. )  North  I  Dakota  allows  the  dis- 
trict game  warden-  30  per  cent  of  the  hunting  license  fees  collected  in 
their  respective  districts.0  Oklahoma  allows  the  Territorial  warden 
one-half  of  the  fees  ($25  in  district  court-  and  $10  in  justice  courts) 
taxed  as  costs  against  defendants  in  every  conviction;  but  in  Ten  n. 
the  State  warden  not  onlyserves  entirely  without  salary,  but  advances 
the  money  necessary  to  carry  on  the  office.8  New  York,  on  the  other 
hand,  pays  the  forest,  6sh,  and  game  commissioner  $5,000  a  year  and 
necessary  expenses.     In  ten  other  State-  the  salaries  of  the  chief  game 

officials  are  $2, r  more     $2,500  in  Alabama,   Illinois.  Minnesota 

(executive  agent),  Massachusetts  (chairman),  and  Texas;  $2,400  in 
Montana:  $2,000  in  Maine  (chairman),  Michigan,  Missouri,  and 
Washington.  In  four  other  States  Colorado,  Idaho.  New  Mexico. 
and  Wisconsin  the  salaries  are  $1,800;  in  three  -Kansas,  Nebraska, 
and  Wyoming  $1,500;  in  five  Indiana.  Iowa.  Maryland.  Oregon, 
and  l/tah  $1,200;  and  in  two— Vermont  and  West  Virginia  $1,000. 
Nearly  every  State  and  Territory  allows  iN  warden  an  amount  for 
expenses.  The  following  table  shows  the  titles  of  the  officials,  their 
terms  of  office,  salaries,  and  amount  and  character  of  expenses  allowed. 


"The  am. .tint  collected  in  the  two  districts  in  1905  wj 

''In  his  report  to  the  Legislature  of  1907  the  warden  states  "the  £acta  are  thai  your 
State  warden  has  served  the  State  for  four  years  without  salary  and  in  th<-  meantime 
advanced  from  his  private  means  .  .  .  the  sum  of  $5,000." 


22 


GAME    COMMISSIONS    AND    WARDENS. 


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24  GAME    COMMISSIONS    AM)     WARDENS. 

Mosl   of  tlif  States  provide  the  commissioner  or  warden  with  an 

office  in  the  State  capitol,  equipped  with  suitable  furniture,  stationery, 
and  other  facilities,  and  Maine  several  years  ago  made  an  appropria- 
tion of  si. oi hi  for  preparing  in  the  office  of  the  commission  an  exhibit 
of  the  native  mammals  and  birds  as  a  nucleus  of  a  State  museum. 

Several  States  allow  their  officers  certain  specified  clerical  or  other 
assistants,  as  follows:  Alabama,  clerk:  Colorado,  clerk  at  $1,000  a  year; 
Idaho,  clerk  at  $1,000;  Illinois,  not  more  than  10  assistants;  Montana. 
clerk  at  SL. -_>oo  per  year:  Vermont,  clerk  at  $365  a  year. 

But 'us  and  powers. — The  duties  of  these  officials  vary  slightly  in 
each  State,  but  on  the  whole  they  aim  at  the  same  result — the  con- 
servation of  game  for  the  purpose  of  furnishing  both  recreation  and 
a  valuable  food  supply,  and  of  nongame  birds  for  economic  and  esthetic 
reasons.  In  all  the  States  except  Illinois  and  North  Dakota  the  duties 
cover  the  protection  of  fish  as  well  as  game.  Both  duties  and  powers 
will  be  further  considered  in  connection  with  administrative  provisions 
with  which  they  are  closely  interwoven. 

COUNTY    WARDENS. 

Five  southern  and  two  western  States — Florida,  Georgia.  Kentucky. 
Louisiana.  Mississippi,  Nevada,  and  South  Dakota — still  adhere  to  the 
county  warden  system  and  rely  exclusively  on  local  officers  for  the 
enforcement  of  their  game  laws.  In  five  of  these  States  warden-  are 
appointed  only  upon  petition  of  a  certain  number  of  citizens  of  the 
county — in  Florida  from  75  freeholders;  in  Georgia  from  50  free- 
holders; in  Mississippi  from  10  reputable  citizens;  in  Nevada  from  20 
taxpayers:  and  in  South  Dakota  (for  big-game  wardens)  from  10 
citizens. 

Appointment. — In  Florida  and  South  Dakota  appointments  are  made 
by  the  governor;  in  Georgia  by  the  judge  of  the  superior  court:  in 
Kentucky  by  the  county  judge:  in  Louisiana  by  the  police  jury;  and 
in  Mississippi  and  Nevada  by  the  county  commissioners  or  supervisors. 
In  Louisiana  and  Mississippi  wardens  have  no  jurisdiction  over  fish 
matters,  and  in  South  Dakota  (which  provides  for  the  appointment  of 
game  wardens  only  in  counties  where  big  game  exists)  the  enforcement 
of  the  laws  for  protection  of  small  game  is  left  to  the  fish  wardens. 
Kentucky  and  Louisiana  authorize  the  appointment  of  one  or  more 
county  or  parish  wardens,  while  the  other  States  restrict  the  number 
to  one  in  each  county.  Kentucky.  Louisiana,  Nevada,  and  South 
Dakota  place  no  limit  on  the  term  of  service,  but  Mississippi  fixes  the 
term  at  four  years  and  Florida  at  two  years.  In  Florida,  Kentucky. 
Nevada,  and  South  Dakota  the  wardens  are  required  to  give  bond. 
Georgia  also  provides  for  wardens  to  protect  nongame  birds  exclu- 


IV. 


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Diagram  Showing  Salaries  of  State  Game  Commissioners  and 
Wardens. 


o  without  salary,     h.  Salary  not  stated  in  law. 
compensation  see  table,  pp.  - 


For  del:. 


, 


DI8TRIC1     LND  CITi     WARDE1  26 

sively.  These  wardens  (there  n  i  .■  i  \  be  one  or  more  in  each  countj  )  are 
appointed  bj  the  judge  of  the  superior  couii  for  an  unlimited  term 
and  have  the  same  powers  as  a  Bherifl  in   making  arrests. 

Dutien  and  powers.  The  county  warden  La  usuallj  empowered  t<» 
appoint  a  sufficient  number  of  deputies  to  assist  in  enforcing  the  I : i  w  . 
His  chief  dutj  is  i"  detect  violations  and  institute  prosecutions  by 
filing  complaints. 

I  npensaiion.  The  big-game  wardens  in  South  Dakota  are  allowed 
$75  a  month,  payable  from  the  game  fund  of  the  county,  but  most 
States  that  have  county  wardens  allow  them  very  meager  compensa 
tion.  Nevada  restricts  the  amount  to $20 and  Florida  to $60  a  month, 
ami  several  Static  allow  percentages  of  fines  or  the  usual  criminal 
fees.  In  Florida,  Mississippi, and  South  Dakota  funds  forpaymentof 
count}  warden-  and  for  expenses  in  enforcing  the  game  law-  are 
derived  from  the  fees  for  hunting  licenses. 

In  addition  to  the  foregoing  class  of  wardens,  it  remain-  to  mention 
the  count)   wardens  in  three  State-,  who.  while  not  the  Bole  game 

officers,  arc  more  or  less  independent  of  the  State  department.  The 
county  supervisors  in  California  are  authorized  to  appoint  a  game 
warden  for  their  county.  This  warden  is  directly  amenable  to  the 
board  of  supen  isors.  Hi-  -alary  is  graduated  according  to  the  popu- 
lation of  the  county,  from  $50  to  $125  a  month,  payable  from  the 
county  treasury,  and  each  warden  is  allowed  $25a  month  for  expenses. 

The  county  commissioners  in  each  county  in  Washington  are  author- 
ized to  appoint  a  county  game  warden  and  must  do  so  upon  request  of 
LOO  freeholders  or  taxpayers.  The  salary,  which  is  payable  from  the 
county  game  fund,  is  determined  by  the  county  commissioners,  but  can 
not  be  less  than $25  or  more  than  $100  a  month.  'Idie  county  warden 
i-  authorized  to  appoint  special  game  warden-,  hut  they  receive  no 
.-alary. 

In  Wyoming  the  county  commissioners  of  each  county  may  appoint 
a  game  warden  for  the  county.  This  warden  is  entirely  under  the 
control  of  the  county  commissioners  and  is  allowed  such  compensation 
a-  the  county  commissioners  may  determine,  to  he  paid  out  of  the 
fund-  at  their  disposal. 

DISTRICT   AND   Cm     WARDENS. 

In  the  District  of  Columbia  the  enforcement  of  the  game  law-  is 

intrusted  to  the  police  department,  the  work  being  place.!  in  charge 
of  the  superintendent  of  metropolitan  police,  who  ha-  at  hi-  disposal 
the  sum  of  s;.ih  i.  appropriated  for  this  purpose  each  year  by  Congress. 
The  superintendent  of  police  is  also  the  game  warden  of  the  local  game 
protective  association  and  performs  all  tin?  duties  usually  assigned  to 
a  commis-ioner  or  State  game  warden. 
4358— No.  28—07 3 


26  GAME    COMMISSIONS    AND    WARDENS. 

In  Virginia  each  city  may  have  2  wardens  and  each  magisterial 
district  1  upon  application  of  5  resident  freeholders.  The  city 
wardens  are  appointed  by  the  city  or  corporation  court  and  the  dis- 
trict wardens  by  the  circuit  judge.  Special  provision  requires,  how- 
ever, that  in  Accomac  and  Northampton  counties  the  wardens  are  to 
be  'appointed  on  the  recommendation'  of  the  Eastern  Shore  Game 
Protective  Association,  to  which  they  make  their  report  and  by  which 
they  are  paid  out  of  the  returns  from  hunting  license  fees.  The  term 
of  the  city  and  district  wardens  is  four  years  and  the  compensation 
not  to  exceed  $300  a  }Tear,  paid  from  hunting  license  fees.  Beside 
these  regular  wardens  the  commanders  of  the  oyster  police  boats  are 
constituted  game  wardens-,  and  in  addition  to  their  duties  in  this 
capacity  are  required  not  only  to  enforce  the  game  laws  of  the  State. 
but  also  to  execute  the  laws  of  the  United  States  relating  to  the  pro- 
tection of  game. 

SUBORDINATE  OFFICERS. 

The-operations  of  the  game  department  can  scarcely  result  in  sub- 
stantial success  without  the  assistance  of  local  officers,  each  with  a 
limited  territory  over  which  strict  surveillance  can  be  maintained. 
This  is  as  true  as  the  converse  of  the  statement,  that  local  officers  with- 
out a  central  head  rarely  do  effective  work.  Most  of  the  States  and 
Territories  have  provided  local  officers  of  varying  titles,  whose  num- 
ber and  terms  of  service  depend  largely  upon  the  ability  of  each 
State  to  provide  means  for  payment.  The  highest  salary  paid  deputy 
game  wardens  in  this  country  is  $1,500  a  year,  which  is  allowed  the 
special  deputies  in  Montana,  Avho  are  allowed  also  $300  a  year  for 
traveling  expenses.  As  these  wardens  hold  office  for  four  years,  it 
will  be  seen  that  the  position  is  one  of  standing  and  of  adequate  com- 
pensation. From  this  maximum  the  amounts  received  grade  down- 
ward to  the  scanty  allowance  of  criminal  fees,  and  finally  to  service 
without  any  compensation  in  several  States.  The  meager  compen- 
sation resulting  from  the  percentage  of  fines  secured  sometimes  allowed 
deputy  wardens  is  hardly  sufficient  to  enlist  the  services  of  active 
men.  and  the  scheme  adopted  in  a  few  States  of  paying  deputies  a  per 
diem  amount  while  actually  performing  service  seems  a  better  method 
where  funds  are  insufficient  to  keep  these  officers  constantly  erupted. 

The  sources  and  methods  of  appointment  of  the  subordinate  war- 
dens vary  widely,  but  more  satisfactory  results  seem  to  follow  appoint- 
ment by  the  State  game  department  or  official,  to  which  they  are  thus 
made  directly  amenable  and  by  which  they  can  be  removed  in  case  of 
incompetency  or  dereliction  of  duty.  By  this  method  also  appoint- 
ments arc  removed  from  local  and  political  influences  and  the  warden 
is  untrammeled  by  any  such  considerations. 


SUBORDINATE   OF FI<  2  i 

\  number  of  States  have  provided  several  classen  of  wardens,  from 
disl  lift  warden,  with  super;  ision  over  a  large  part  of  the  State,  to  dep 
ut  \  count}  warden,  or  one  with  even  0101*6  restricted  territory  .     Cali 

fornia,  Colorado,  Illinois,  Maine,   Maryland,   Montana,  Ven 1.  and 

a  few  other  States  vesl  their  wardens,  or  some  of  them,  with  j  1 1 1  i — < I i < ■  - 
i ion  over  tli'1  whole  State,  and  it  i*>  q\  ideni  that  such  a  system  ma\  he 
productive  of  much  good.  With  powers  restricted  to  one  county,  as 
i-  die  case  in  several  States,  it  sometimes  happens  thai  violators  escape 
simply  because  the  warden  fan  not  follow  them  outside  of  hie  own 
limited  territory  .  The  ( lolorado  scheme  of  warden  sen  ice  seems  well 
adapted  to  the  needs  «•!  game  protection  and  has  the  advantage  <>f 
feasibility  in  States  where  funds  are  insufficient  to  keep  an  adequate 
n  inn  1  xt  of  wardens  employed  during  the  entire  year.  There  is  a  deputy 
>tair  game  and  fish  commissioner,  at  a  salary  of  (1,500  per  annum. 
Five  chief  wardens  are  appointed  by  the  commissioner,  at  a  salary  off 
a  year  and  an  allowance  of  $300  a  year  for  traveling  expenses,  with  jur- 
isdiction  over  the  whole  Mate.  The  next  grade  includes  deputy  game 
wardens,  the  number  not  to  exceed  ten  at  anyone  time.  These  are 
appointed  by  the  commissioner  for  a  limited  period,  are  allowed  $100 
a  month  while  "actually  employed,  and  have  jurisdiction  coextensive 
with  that  of  the  chief  game  wardens.  Next  in  order  are  the  special 
game  wardens,  appointed  by  the  commissioner,  who  receive  no  stated 
salary,  hut  ai  e  entitled  to  certain  fees  and  perquisites.  The  fourth  class 
consists  of  licensed  guides,  who  have  the  powers  of  deputy  wardens. 

In  Alabama  the  State  game  commissioner  may  appoint  a  warden  in 
each  county,  whose  term  IS  four  years,  with  allowance  of  one-half  of 
all  tine-,  penalties,  and  forfeitures  collected  under  the  name  laws  in  his 
county. 

In  Calif ornia  the  board  of  fish  commissioners  may  appoint  a  chief 
deputy  and  other  assistants,  with  jurisdiction  extending  over  the  entire 
State  and  compensation  assigned  by  the  hoard  and  paid  from  the 
appropriations  allowed  that  branch  of  the  State  government.      The 

comity  warden-,  a-  already  explained,  are  not  directly  connected  with 

the  State  hoard  of  fish  commissioners,  hut  work  in  cooperation  with  it. 

In  Connecticut  the  commissioners  of  fisheries  and  game  appoint  a 

warden  for  each  county,  who  serves  for  two  year-.  The  county  warden 
may  appoint  L0  and  not  more  than  20  special  fish  and  game  wardens 
for  hi-  county,  to  serve  during  his  pleasure.  The  county  warden  and 
hi-  appointees  receive  no  -alary,  hut  are  entitled  to  a  fee  of  $20,  taxed 

a-  eo-t-  and  collected  from  the  defendant  in  ev  >rv  conviction. 

The  State  warden  of  Idaho,  like  those  of  several  other  States,  has 
authority  to  appoint  a  chief  deputy  at  (1,200  a  year,  two  assistants 
and  a  clerk  at  $1,000  a  year  each,  and  on  petition  of  10  or  more  resident 
taxpayer-  a-  many  deputies  as  may  he  necessary  in  each  county.  The 
chief  deputy,  assistants,  and  clerk  are  under  bond  of  $3,000  each,  and 


28  GAME    COMMISSIONS    AND    WARDENS. 

the  chief  deputy  and  assistants  are  entitled  to  traveling  expenses  not 
exceeding  $000  each.  Each  county  deputy  is  under  $500  bond,  is 
allowed  traveling  expenses  when  sent  outside  his  district,  and  receives 
$3  for  each  day  of  actual  service,  not  exceeding,  however,  150  days  in 
any  one  year. 

In  Illinois  16  game  wardens  are  appointed  by  the  commissioner, 
with  power  to  act  anywhere  in  the  State.  Each  receives  a  salary  of 
$900  a  year  and  actual  expenses  while  under  direction  of  the  commis- 
sioner. There  may  be  3  deputy  wardens  for  each  county,  appointed 
by  the  commissioner,  with  jurisdiction  over  the  entire  State.  They 
receive  for  their  services  $2  a  day  while  actually  employed  and  one- 
half  of  all  fines  resulting  from  complaints  filed  Irv  them.  The  com- 
missioner may  also  appoint  as  many  special  deputy  wardens  as  neces- 
sary, who  are  allowed  one-half  the  fines  recovered  when  they  file  the 
complaints. 

The  deputies  in  Iowa  are  appointed  by  the  State  warden.  They 
receive  no  salary,  but  are  allowed  a  reasonable  compensation  in  the 
judgment  of  the  county  supervisors,  to  be  paid  from  the  county  treas- 
ury, and  when  thev  are  informants  are  entitled  to  a  fee  of  $5,  in  each 
instance,  to  be  collected,  in  case  of  conviction,  from  the  defendant. 

In  Kansas  the  deputies  are  appointed  by  the  State  warden,  one  or 
more  for  each  county,  upon  request  of  10  or  more  resident  taxpayers. 
As  compensation  each  receives  a  fee  of  $10,  collected  as  costs  from 
the  defendant  for  every  arrest  resulting  in  conviction. 

The  fish  and  game  wardens  in  Maine  are  appointed  by  the  governor, 
upon  the  recommendation  of  the  commissioners  of  inland  fisheries 
and  game,  to  serve  for  three  years;  but  the  deputy  game  wardens  are 
appointed  directly  by  the  commissioners,  who  also  fix  their  com- 
pensation. 

The  only  subordinate  wardens  authorized  in  Maryland  are  the 
deputy  game  wardens,  who  are  appointed  by  the  governor  upon  the 
recommendation  of  the  State  warden.  They  may  be  appointed  for 
the  whole  State  or  for  a  specified  locality,  and  receive  such  conten- 
tion as  they  and  the  State  warden  may  agree  on,  payable  from  fines 
collected  for  violation  of  the  game  laws. 

The  deputy  warden  system  of  Michigan  is  somewhat  more  elaborate 
than  those  of  most  States.  The  State  warden  appoints  a  chief  deputy, 
who  receives  a  salary  of  §1.500  and  exercises  the  functions  of  the 
office  in  the  absence  of  the  State  warden;  not  more  than  10  deputy 
game  wardens,  at  a  compensation  of  §3  for  each  day  of  actual  serv- 
ice and  with  jurisdiction  over  the  entire  State;  and  from  one  to 
three  county  game  and  fish  wardens  for  each  county,  subject  to  his 
control,  but  with  jurisdiction  limited  to  the  county,  and  compensa- 
tion fixed  by  the  count}'  supervisors.  A  novel  feature  of  the  Michi- 
gan law  is  a  provision  permitting  the  Audubon  Society  of  that  State 


Bl   BORDIH  \  i  i     OFFIC]  B8.  29 

to  name  Pour  deputy  wardens  (whose  territory  is  determined  bj  the 
society  )  i<>  bave  the  powers  of  other  deputies,  but  to  Berve  without 
compensation  from  the  State  or  count}  . 

The  number  of  prosecutions  for  violations  ol  the  game  laws  of  Min 
nesota  and  the  variety  of  questions  involved  in  the  cases  that  reach 
tin  supreme  court  of  the  State  indicate  a  successful  administration 
of  these  laws,  and  in  this  connection  it  may  be  significant  thai  the 
board  of  game  and  fish  commissioners  is  given  freer  hand  than  in 
most  States.  Enforcement  of  the  game  laws  is  intrusted  t«>  the  execu 
tive  agent,  whose  powers,  compensation,  and  duties  have  already  been 
explained  (see  p.  Is).  to  wardens  placed  under  the  supervision  <>f  the 
executive  a  unit.  These  wardens  are  appointed  in  such  number,  at  such 
compensation,  and  for  such  terms  as  the  board  considers  necessary  . 

The  State  warden  of  Montana  is  authorized  to  appoint  not  less  than 
5  nor  more  than  L2  special  deputies,  having  jurisdiction  over  the  entire 
State  for  a  term  of  four  years  and  at  a  salary  of  $1,500  per  annum 
and  the  fees  allowed  sheriffs  in  criminal  cases.  He  may  also  appoint 
deputies  with  the  same  powers  as  those  exercised  by  special  deputies. 

There  seem  to  be  no  regularly  and  permanently  employed  deputies 
in  New  Hampshire,  the  hoard  of  fish  and  game  commissioners  being 
empowered  to  appoint  "special  detectives  in  cases  of  prosecution  relat- 
ing to  fish  and  game.'  The  compensation  of  these  appointees  i^  paid 
by  the  board  from  the  fish  and  game  fund. 

The  number  of  deputies  authorized  in  New  Jersey  is  large,  when 
the  size  and  position  of  the  State  are  considered.  The  board  of  fish 
and  game  commissioners  may  appoint  25  fish  and  game  wardens,  one 
to  be  chief  game  protector  and  exercise  supervision  over  the  others, 
and  it  may  also  appoint  as  many  deputy  fish  and  game  wardens  as  are 
deemed  necessary.  The  salary  of  the  chief  protector  is  $100  a  month, 
and  that  of  each  of  the  fish  and  game  wardens  $50  a  month:  the  dep- 
uty wardens  receive  no  salary,  but  are  entitled  *o  fees  collected  in 
prosecutions  by  them. 

The  New  York  system  is  very  similar.  The  commissioner  of  for- 
ests, fish,  and  game  appoints  7.")  game  protectors,  who  hold  office  during 
his  pleasure.  One  i-  appointed  chief  protector,  with  supervision  over 
the  others,  at  a  salary  of  $2,000  a  year  with  a  provision  for  an  increase 
of  $500  at  the  expiration  of  five  years  of  service;  he  is  also  allowed 
$1,000  a  year  for  traveling  expenses.  Three  of  the  protectors  are 
appointed  assistant  game  protectors,  the  first  assistant  at  a  salary  of 
$1,400  per  annum  and  the  second  and  third  at  $1,200  each,  with  an 
allowance  of  *7r>o  ;l  year  for  traveling  expenses.  The  other  protectors 
receive  $600  a  year  as  salary,  $450  for  expenses,  and  one  half  the  fines 
recovered  upon  information  furnished  by  them.  They  are  required 
to  report  monthly  to  the  chief  protector.  The  commissioner  may  also 
appoint  special  game  protectors  when  such  action  is  recommended  by 


30  GAME    COMMISSIONS    AND    WARDENS. 

the  supervisors  of  any  county  or  by  a  game  club.  These  special  pro- 
tectors have  all  the  powers  of  game  protectors  except  that  of  search- 
ing without  warrant,  but  receive  do  compensation  from  the  State. 

The  secretaries  of  the  Audubon  societies  in  North  and  South  Carolina 
select  the  bird  and  game  wardens  and  the  governors  appoint  them. 
Their  compensation  is  fixed  by  the  secretaries  and  paid  out  of  the  funds 
at  the  societies*  disposal. 

Ten  game  protectors  are  authorized  by  law  in  Penns}rlvania,  one 
of  whom  is  designated  by  the  board  which  appoints  them,  as  chief  pro- 
tector and  secretary  of  the  board.  The  chief  protector  has  supervision 
over  the  others.  They  receive  salary  or  per  diem  as  the  board  may 
agree  with  them,  payable  from  funds  appropriated  for  game  protection. 
The  board  may  also  appoint  one  deputy  game  protector  for  each  county, 
whose  powers  are  the  same  as  those  of  the  protectors,  but  whose  com- 
pensation consists  of  the  fees  usually  allowed  constables  for  performing 
similar  services.  As  many  special  deputy  game  protectors  as  are 
necessary  may  also  be  appointed  b}r  the  board  without  compensation. 

In  Texas  the  State  game,  fish,  and  0}rster  commissioner  may  appoint 
a  chief  deputy  commissioner,  at  a  salary  of  $1,800  per  annum  and  ex- 
penses, and  deputy  commissioners  who  receive  $3  a  day  while  actually 
emplo}Ted  and  are  allowed  their  necessary  expenses,  all  to  be  paid 
from  the  game-protection  fund. 

Vermont  provides  one  or  two  county  wardens  for  each  county, 
appointed  by  the  game  commissioner  at  a  compensation  of  $2  a  day 
and  expenses  while  actually  employed.  Deputy  county  fish  and  game 
wardens,  as  many-  as  are  necessary,  may  also  be  appointed  b}T  him  at  a 
compensation  of  $1.50  a  day  and  necessary  expenses  while  officially 
employed. 

The  State  warden  of  Wisconsin,  with  the  approval  of  the  governor, 
is  authorized  to  appoint  two  or  more  special  deputy  wardens  in  each 
Congressional  district  at  a  per  diem  compensation  determined  by  him 
and  payable  from  the  hunting-license  fund  for  time  actually  spent  in 
service.  The  county  board  of  any  county  may  authorize  the  appoint- 
ment of  county  wardens  and  limit  the  number  thereof,  such  wardens 
to  be  selected  b}T  the  board  of  appointment  of  the  county  and  appointed 
by  the  State  warden  at  a  compensation  determined  by  the  appointing 
board  and  paid  from  the  county  treasury.  All  game  wardens  are  now 
required  to  pass  a  competitive  examination  in  accordance  with  the 
general  civil-service  law  of  the  State. 

In  W}Toming  the  State  warden  appoints  three  assistant  game  war- 
dens, who  receive  a  salary  of  $900  a  year  each.  He  may  also  appoint 
one  or  more  special  assistant  game  wardens  for  each  county,  paid  from 
the  game  fund,  at  $3  a  day  for  the  time  actually  employed. 


LOCAL   AN  1 1 1  i;    <>!  i  i,  ft] 


Sl'KCIAl     i  •  •«    m     "ill- 


The  region  ai  the  bead  of  Chesapeake  Ka\  and  about  the  n tli  of 

the  Susquehanna  River  in  Harford  and  Cecil  counties,  M<l..  known 
as  the  'Susquehanna  Plats,'  has  in  the  past  been  famous  for  the 
number  and  variety  of  its  wild  fowl.  Enormous  numbers  of  ducks 
bave  been  killed  for  market  on  these  noted  ducking  grounds,  and  manj 
persons  have  resorted  to  them  for  sport  and  recreation.  The  impor 
tance  of  the  Susquehanna  Plats  has  caused  the  enactment  of  an  elaborate 
system  of  ducking  laws.  Beginning  in  1872,  the  Mar\  land  legislature 
committed  the  enforcement  of  these  laws  to  a  board  of  special  police, 
composed  of  three  members,  appointed  by  the  governor,  two  of  which 
were  from  Harford  County  and  one  from  Cecil  County.  Thej  were 
invested  with  power  to  appoint  deputies  and  make  arrests  without 
warrant,  and  were  allowed  a  compensation  determined  by  the  circuit 
judge  and  paid  from  hunting-license  fees.  The  act  creating  this  board 
has  been  variously  amended  from  time  to  time,  but  the  substantial  pro 
visions  of  the  original  measure  are  still  in  force.  The  board  now  con- 
sists of  four  members,  two  from  each  county. 

In  L884  the  Maryland  legislature  enacted  a  law  requiring  the  gov- 
ernor, with  consent  of  the  senate,  to  appoint  a  special  policeman  for 
the  protection  of  wild  fowl  on  the  Elk  and  Bohemia  rivers  in  ('red 
Count  \ .  This  officer  was  vested  with  powers  very  similar  to  those  of 
the  ducking  police  on  the  Susquehanna  Flats.  The  act  was  superseded 
in  L894  by  another  of  like  import,  providing  for  compensation  at  $50 
a  year,  payable  from  the  county  funds.  The  law  of  L894  is  Mill  in 
force. 

South  ( Sarolina  has  a  system  of  inspectors,  authorized  by  act  of  L905, 
for  enforcement  of  the  game  laws  on  the  public  lands  and  navigable 
water-  of  the  State.  These  inspectors  are  appointed  by  the  county 
commissioners  of  each  county  in  which  the  law  is  applicable,  receive 
1"  per  cent  of  the  bunting-license  fees  and  fines  collected  in  the  county 
under  the  act,  and  are  vested  with  powers  to  arrest  without  warrant 
persons  found  in  the  act  of  violating  the  law. 

OTHEB    OFFICERS. 

Nearly  every  Mate  and  Territory  requires  the  sheriffs,  constables, 
and  police  officers  to  enforce  the  game  laws.  Several  impose  certain 
features  of  enforcement  upon  market  masters,  coroners,  and  marshals, 

and  Indiana  places  the  duty  of  enforcement  on  road  supervisors,  under 
penalty  of  $5  to  $25  for  nonperformance,  and  with  a  fee  of  $5  for  the 
service  when  rendered,  to  be  taxed  a-  costs  against  the  defendant  on 
conviction.  In  Massachusetts  members  of  the  district  police  and  all 
officers  qualified  to  serve  criminal  process  have  authority  of  com- 
missioners and  deputies  in  arresting  violators  and  executing  search 
warrants.      Guides   and    packers    are    required    to    be   deputy    game 


32  GAME    COMMISSIONS    AND    WARDENS. 

wardens  in  Montana  and  ex  officio  assistant  game  wardens  in  Wyom- 
ing. Members  of  incorporated  game  societies  in  New  Jersey  have 
power  to  institute  prosecutions  and  to  make  arrests  without  warrant. 
In  Vermont  town  grand  jurors  are  required  to  prosecute  violators. 
In  Virginia  commanders  of  the  oyster  police  boats  are  made  game 
wardens,  as  already  explained  (see  p.  26),  and  are  required  to  report 
all  prosecutions  to  the  board  of  fisheries.  By  act  of  Congress  officials 
of  the  Forest  Service  are  required  to  aid  in  the  enforcement  of  game 
laws,  and  forest  rangers  of  the  Federal  Government  are  by  State  law 
made  ex  officio  game  wardens  in  Washington,  have  powers  of  deputy 
game  wardens  in  Colorado,  and  may  be  appointed  special  assistant 
game  wardens  in  Wyoming. 

The  Alaska  game  law  requires  all  marshals,  deputy  marshals,  col- 
lectors of  customs  and  their  deputies,  and  officers  of  revenue  cutters 
to  enforce  the  law. 

In  several  States  police  and  peace  officers  are  declared  to  be  ex  officio 
game  wardens  and  are  invested  with  the  same  powers  as  game  wardens. 
In  Pennsylvania  the  State  constabulary  are  required  to  enforce  the 
game  laws.  Wardens  in  several  States  have  much  more  extensive 
police  powers  in  performing  their  official  duties  than  sheriffs,  con- 
stables, and  peace  officers  are  allowed  to  exercise  in  connection  with 
their  own  functions.  Thus  in  Montana  these  local  officers  can  not 
seize  without  warrant  as  wardens  can,  and  in  New  York  they  have  not 
the  right  of  search  without  warrant  conferred  on  protectors.  A  pro- 
vision investing  local  officers  with  the  powers  of  game  wardens  is 
therefore  calculated  to  increase  the  game  warden  force  without  addi- 
tional expense  to  the  State.  In  some  States  sheriffs  and  other  officers; 
are  allowed  the  same  fees  that  are  prescribed  for  the  wardens  and 
share  in  the  division  of  fines.  But  despite  the  fact  that  the  powers 
and  duties  of  wardens  are  bestowed  upon  these  regularly  constituted 
peace  and  executive  officers  with  great  particularity  and  detail, 
scarcely  any  assistance  is  rendered  the  game  departments  by  them. 
So  conspicuous  wTas  the  failure  of  a  provision  of  this  character  in  Mis- 
souri, under  the  act  of  1905  creating  a  game  department,  that  the  State 
warden  in  his  first  report  makes  the  following  statement: 

One  provision  of  the  game  and  fish  law  constitutes  sheriffs,  marshals,  constables, 
and  all  peace  officers  ex  officio  game  and  fish  wardens,  and  charges  them  with  the 
same  duties,  and  under  like  penalties  for  violation  of  duty,  as  are  by  law  imposed 
upon  the  State  game  warden  and  his  commissioned  deputies. 

It  was  very  much  hoped  that  this  provision  of  the  law  would  prove  a  very  great 
aid  and  furnish  valuable  allies  to  the  game  warden's  corps  of  deputies  in  bringing 
about  the  law's  enforcement,  especially  in  remote  places  difficult  of  access  to  regu- 
larly commissioned  deputies.  With  this  hope  and  end  in  view  this  office,  at  the 
expense  of  considerable  labor  and  time,  procured,  by  correspondence  with  all  the 
county  clerks,  the  names  and  post-office  addresses  of  all  the  constables  and  justices 
of  the  peace  in  the  State,  aggregating  in  all  some  4,000  such  officers,  to  all  of  whom 
we  mailed  copies  of  the  game  law,  and  addressed  them  personal  letters  calling  atten- 


(.Mi!  i:    01  ri«  1  Et& 
t ion  t<>  the  pr  >\  isi.m-  <>f  tin-  hiw  by  which  the]  wen  constituted  ex -officio game  an<  1 

bsfa  Wardens  Slid  charged  w  ith  the  «imr  duties  ami  lial»ilit  ii-M  as  «  < » 1 1 1 1 1 1 i  —  i >  •  1 1 •  -I  -an,. 

wardens,  respectfully  invoking  their  aid  sod  cooperation  In  game  and  fish  protection 
Like  letters  to  those  sent  justices  ol  the  peace  and  constables,  with  copiei  of  th<- 

game  ami  fish  laws,  were  a«l«livss«'<l  t<>  sheriffs  <»f  the  various  counties,  asking  tfiem 
to  instruct  their  deputiei  of  their  added  < In  ties  under  tin-  law ,  and  especially  asking 
them,  as  tin-  chief  executive  officer!  of  the  counties,  to  ^ri \  «■  this  provision  ipeciaJ 

attention. 

We  regret  to  say  that  for  some  reason  we  have  not  received  from  this  source  the 
aid  that  we  anticipated  or  bad  a  right  to  expect.  Strange  i"  -ay,  that  of  the  many 
violations  of  the  law  that  must  have  occurred  throughout  the  State,  and  of  the  man) 
prosecutions  that  have  been  begun,  very  few  have  been  originated  by  the  activity 
or  vigilance  of  ex-officio  game  ami  fish  wardens,  I  Sept.  State  Game  and  Flab 
Warden  of  Missouri  for  1906,  pp.  24  25.  I 

Much  the  same  results  have  been  experienced  in  other  States.  The 
genera]  consensus  ol  opinion  is  that   local  officers  elected  by  the  pec 

pie  can  not    he  expected    to  perform    Successfully  the   duties    of  game 

wardens,  but  such  work  must  be  done  by  officers  appointed  by  a  State 
otlieial  of  board,  who  are  not  dependent  upon  local  favor  to  hold  their 
positions,  and  who.  by  servingal  a  distance  from  their  place  of  resi- 
lience, are  free  from  local  influence. 


GAME  PROTECTION  FUNDS. 

The  problem  of  providing-  funds  for  the  support  of  a  game  depart- 
ment or  system  has  puzzled  those  interested  in  the  preservation  of 
game  ever  since  the  necessity  for  such  preservation  arose.  In  many 
State-  it  has  been  found  well-nigh  impossible  to  secure  legislation 
providing  for  the  appropriation  of  money,  no  matter  how  little,  for  the 
preservation  of  game.  The  sentiment  to  which  this  condition  is  due 
still  prevails  in  a  large  part  of  this  country,  particularly  in  the  South. 
The  creation  of  new  offices,  with  salaries  attached,  is  regarded  with 
great  jealousy  and  disfavor.  In  the  early  history  of  the  movement 
for  game  protection  the  only  provision  considered  feasible  for  pay- 
ment of  officers  charged  with  the  duty  of  enforcing  the  game  laws 
was  an  allowance  of  whole  or  part  of  the  fines.  A  system  maintained 
on  such  an  unsatisfactory  and  unstable  basis,  however,  accomplished 
almost  nothing,  and  the  advocates  of  better  protection  set  about  to 
devise  a  more  satisfactory  means.  This  resulted  in  the  creation  of  a 
game  protection  fund  composed  of  fees  derived  from  hunting  licenses 
and  other  returns  'from  enforcement  of  the  game  laws,  thus  placing 
the  department  or  office  upon  a  self-sustaining  basis.  Aside  from  the 
provision  contained  in  the  game  laws  of  New  York  in  1879,  authorizing 
the  board  of  supervisors  of  each  county  to  levy  a  tax  sufficient  to  raise 
$1,000  a  year  for  the  purpose  of  enforcing  the  laws,  and  a  similar 
provision  in  the  Montana  laws  of  a  few  years  ago,  there  seems  to  be 
no  instance  of  a  specific  authorization  to  any  agency  of  a  State  govern- 
ment to  levy  a  tax  on  property  for  the  maintenance  of  a  warden  serv- 
ice. The  provision  in  the  Montana  law  (Laws  of  1901,  H.  B.  147,  sec. 
15)  required  the  board  of  county  commissioners  of  each  county,  at  the 
time  of  levying  the  annual  tax,  to  levy  also  a  tax  of  one-tenth  of  a  mill 
upon  the  assessed  valuation  of  all  property  in  the  county  to  be  paid 
to  the  State  treasurer.  The  money  thus  arising,  together  with  that 
received  from  the  enforcement  of  the  game  laws,  was  to  constitute  a 
fish  and  game  fund,  and  was  to  be  used  in  defraying  the  salaries  and 
expenses  of  the  State  and  local  wardens.  This  law  remained  in  effect 
until  1905.  when  it  was  repealed,  doubtless  because  the  funds  arising 
from  other  sources  were  sufficient  to  meet  the  expenses  of  the  depart- 
ment. 

The  final  solution  of  the  problem  of  supporting  a  game  department 
without  taxation  of  property  or  appropriation  of  funds  from  the  gen- 
eral treasury  has  been  found  in  the  hunting  license  system.  Since 
the  first  adoption  of  the  plan  of  requiring  every  nonresident  to  pay 
a  fee  for  the  privilege  of  hunting,  nearly  every  State  has  established 
either  a  State  or  county  wardenship.  Witbin  a  few  years  the  plan  of 
34 


I.h  I  NS1 

requiring  residents  to  secure  licenses  has  been  adopted  i»\  L9  State**, 
and  in  spite  of  the -mall  license  fee  large  incomes  have  been  derived 
from  this  source.  The  prejudice  against  requiring  a  resident  or 
citizen  of  m  State  to  | »a \  an\  fee,  however  small,  for  the  privilege 
of  hunting  is  gradually  disappearing,  and  doubtless  the  change  in 
sentiment  will  result  in  the  establishment  of  State  Bervice  in  the  re- 
maining States,  mosth  Southern,  where  no  such  system  now  prevails. 
The  license  system,  as  :i  source  <»!'  revenue  for  the  maintenance  of 
tin-  game  department,  may  well  be  considered  to  have  originated  in 
ls'.'.">,  !>ut  of  the  four  States  adopting  the  Bystem  in  that  year  onlj 
two,  Michigan  and  North  Dakota,  directed  the  funds  to  be  applied  to 
game  protection.  The  Michigan  License  was  required  for  hunting 
deer  only;  the  tee  was  $25  for  nonresidents  and  50  cents  lor  resi- 
dents, and  the  receipts  from  the  nonresident  licenses  were  equally 
divided  between  the  State  and  the  county  of  issue.  The  count}  funds 
thus  obtained  were  applied  by  the  county  commissioners  to  the  pro- 
tection of  game,  and  the  State  fund-  were  used  f<»r  payment  <>f  salaries 
of  the  State  warden  and  his  deputies.  By  some  oversight,  no  provision 
was  made  for  the  disposition  of  the  resident  License  U'r>,  and  notwith- 
standing the  opinion  of  the  attorney  General,  furnished  upon  request 
of  the  State  warden,  that  these  fees  should  he  distributed  in  like 
manner  a-  the  nonresident  fee-,  the  county  clerks  refused  to  so  di— 
pose  <»f  them,  contending  that  such  fee-  were  rightfully  their-  a-  com- 
pensation for  services  rendered  in  issuing  the  Licenses,  ruder  the  first 
year's  operation  of  tin-  law  -22  nonresident  and  14,477  resident  licenses 
wereissued.  The  Legislature  of  L  897  increased  the  resident  License  fee 
to  7.".  cents,  rectified  the  omission  in  the  law  of  L895,  and  remodeled  the 
scheme  of  disposition  of  \'^'>  by  allowing  the  issuing  clerk  25  cent-  of 
every  fee  a-  hi-  compensation,  the  county  supervisors  25  cents  of  the 
resident-license  fee  for  enforcement  of  the  game  law  in  their  respective 
counties,  and  the  State  treasurer  the  remainder  of  all  fee-,  forpay- 
nient  of  salaries  and  traveling  expenses  of  the  State  warden  and  his 
deputies.  In  the  first  year  of  the  existence  of  this  law  there  were 
issued  LI, 867  resident  and  44  nonresident  licenses,  the  receipts  from 
which  provided  a  State  game  fund  of  $4,055.75  and  a  county  game 
fund  of  $2,966.75,  or  a  total  of  $7,022.50.  For  the  time  covered  by 
the  foregoing  figures,  ls'.'7.  the  total  expenses  of  the  State  game 
warden'-  office  were  $6,444.08;  hence  the  receipt-  from  the  License 
system  alone  (in  addition  to  (6,208.32  collected  in  fines)  were  more 
than  sufficient  to  meet  the  salaries  and  all  expenses  of  the  State 
game  department  and  it-  deputy  warden-.  Had  the  license  system 
been  general  and  not  restricted  to  deer  alone  it  i-  evident  the  receipts 
from  this  source  would  have  been  much  greater.     In  this  connection 

aThe  other  two,  Minnesota  and  Wyoming,  required  only  nonresident  lio 
One  of  the  principal  objects  of  the  Wyoming  license  »was  to  prevent  nonresident 
Indian-  from  hunting  in  tin-  star.-.     (See  Recreation,  Vol.  12,  p.  44:;.  June,  L900. 


36  GAME    COMMISSIONS    AND    WAKDENS. 

it  is  interesting  to  note  the  volume  of  work  (which  can  be  presented 
in  figures)  accomplished  during  the  year  1897.  There  were  920  vio- 
lations a  investigated,  597  prosecutions  begun,  and  483  convictions 
secured,  which  resulted  in  the  collection  of  $6,208.32  as  fines. 

The  North  Dakota  law  of  1895  established  both  resident  and  non- 
resident licenses,  50  cents  and  $25,  respectively,  and  directed  that  one- 
third  of  all  sums  from  this  source  should  be  paid  the  State  game 
warden  as  his  compensation  and  that  two-thirds  should  be  paid  into 
the  county  treasury  as  a  county  game  fund  to  be  used  for  game  pro- 
tection. This  law  has  recently  been  somewhat  changed,  but  the  greater 
part  of  the  fund  arising  from  the  sale  of  licenses  is  still  applied  to 
game  protection. 

Since  1895  the  value  of  the  license  system  as  a  means  of  furnishing 
funds  for  the  support  of  game  protection  has  received  general  recog- 
nition. This  object  is  clearly  and  unequivocally  stated  in  the  Illinois 
law  of  1903: 

Sec.  25.  For  the  purpose  of  increasing  the  State  game  protection  fund  and  preventing 
unauthorized  persons  from  killing  game  and  birds,  no  person  or  persons  shall  at  any- 
time hunt,  pursue  or  kill,  with  gun,  rabbits  or  any  of  the  wild  animals,  fowl  or  birds 
that  are  protected  during  any  part  of  the  year,  without  first  having  procured  a 
license  so  to  do,     *    *    * 

The  amount  collected  from  this  source  by  Illinois  is  so  large — 
$127,988  in  1905 — that  such  a  declaration  of  object  becomes  important. 

Indeed,  so  successful  has  the  system  generally  proved  as  a  means  of 
raising  funds  for  game  protection  that  a  number  of  States  have  erected 
upon  this  foundation  elaborate  State  departments  of  game  or  game  and 
fish.  Alabama,  Idaho,  Illinois,  Michigan,  Montana,  North  Carolina, 
North  Dakota,  South  Carolina,  Utah,  and  Wisconsin  support  their  game 
departments  wholly  by  means  of  the  funds  derived  from  licenses  and, 
in  some  instances,  all  or  part  of  the  fines  resulting  from  convictions. 

The  following  table  shows  briefly  the  disposition  made  of  hunting- 
license  fees  in  States  where  licenses  are  issued: 

Special  Dispositioii  of  Hunting  License  Fees  and  Fines. 


State. 


License  Fees.  Fines. 


Alabama. 
Arizona . . 
Arkansas 


California. 
Colorado . . 


State  game  and  fish  protection  fund.    State  game  and  fish  protection  fund. 
Use  of  fish  and  game  commissioners  .    Half  to  informer,  half  to  school  fund. 
Officer  making  arrest  and  securing  con- 
viction. 

State  game  preservation  fund State  game  preservation  fund. 

Nonresident  fees  and,  when  collect-     Third  to  State  game  fund,  third  to  prose- 
ed  by  commissioner,  resident  fees        cutor,  third  to  county, 
to  State  game  fund;  resident  fees 
collected  by  county  clerk,  half  to 
State  game"  fund,  fourth  to  coun- 
ty, and  fourth  to  clerk. 

Game  protection  fund Imposed  by  justice  of  the  peace,  to  town: 

otherwise,  to  State. 
To  Delaware  Game  Protective  Asso-     Less  expenses  to  Delaware  Game  Protec- 
ciation.  tive  Association,  except  under  license 

act,  as   follows:    Half   to    prosecutor, 
half  to  the  association. 

a  These  figures  include  fish  cases  also,  as  the  State  warden  was  likewise  charged  with  the  enforce- 
ment of  laws  protecting  fish. 


Connecticut 
Delaware  ... 


[>ISI'l>Sl  I  l<  >\      "I       I   It    I   \>l       Ml-      \  \  I'     I  I  v 


s  II  <  '■  mtinned. 


Florida 


Georgia 
Illinois. 


Oountj  same  hind     n  no  wan 
the  count] .  i"  Bnc  and  forfeiture 
fund. 

sh  and  (fame  hind 
State  game  iuii.i 


Indiana. . . 

Kentuckj . 

Maine 

Maryland  . 


hllsetl- 


stiit.-  tish  and  game  fund 
<  . » 1 1 1 1 1  >  game  fund 

une fund. 

:  expense  fund 


Michigan  . 
Minnesota 

Missouri  . . 


State  came  f Mini 

do 

Local  laws  usually  to  count)  school 
fund. 

State  


state  game  fund 



County  fores!  and  came  protective 

fund. 
Count  v  treasury  for  roads 


Montana. 
Nebraska 


game  fund   . 
state-  school  fund. 


Nevada  

New  Hampshire 
New  Jen 


game  fund 

:  fish  and  game  oommissioners 


\.  u   Mexico 

N.  u   York 


North  Carolina. 
North  Dakota.. 


- 


Ohio 


state  game  fund 

n  per  cent  to  deputy  game  warden 
of  county.  SO  per  cent  to  district 
came  warden.  20  per  cent  lo gen- 
eral State  fund,  10  per  cent  to 
auditor  of  the  county. 

commissioners  of  flshand  game 


Oklahoma 


State  game  fund. 


Pennsylvania 


Rhode  Mand  .. 
South  Carolina. 
South  Dakota  . . 


Tennessee. 


Texas 
Utah.. 


Vermont. . . 
Virginia  ... 
Washington 


West  Virginia. 

Wisconsin 

Wyoming 


Half  for  use  of  board  ofgamecommis- 
sioners,  half  to  county. 


State    

me  protection  fund. 
County  came  fund 


Use  of  State  game  warden. . 

state  game  protection  fund 

do 


state  game  fund 

Payment  of  warden-'  salaries 

Collected  by  State  auditor,  to  State 
came  fund;  collected  l.y  county 
auditor,  to  count  v  game  fund. 

Slate  

State  came  fund 

Mate 


i  hlrd  to  Informer  i  half  if  b< 

d.  ii  .  t.iiiiince   to   riii«-  and  forfeiture 

fund  " 
Half  to  cam.-  warden  securing  0OO1  ieti-.n. 

i  and  came  fund. 
Half  to  deputy  warden  or  person  filing 

complaint,  half  to  state  came  fund. 


cpenset  t.>  warden  prosecuting,  or 

half  to  informer. 
game  fund. 
Do 

warden     prose 

otherwise    half    tO    informer,     halt     10 

county  school  fund. 
Half  to  complainant,  half  to  state;  If  com- 
pla  ina  nt  be  a  deputy  of  the  commit 

iT\    U  hole  to  the  State. 

General  revenue  fund  of  the  county. 
County  forest  ami  game  protective  fund, 

hut  informant  entitled  to  half. 
Half  of  One  for  trespass  paid  to  owner  of 

land  securing  conviction. 
State  came  fund. 

County   school    fund,   but   complaining 

witness    entitled    to   an    equivalent    of 

half  from  general  county  treasury. 

School  fund. 

State  came  fund. 

Third  for  use  of  fish  and  game  commission- 
ers, third  to  Complainant,  third  to  per- 
se.ns  furnishing  evidence. 

Half  to  depot]  came  warden  prosecut- 
ing; half  to  county  school  fund. 

For  us.-  of  forest,  tish.  and  came  commis- 
sioner: person,  game  society,  or  corpo- 
ration or  officer  furnishing  evidence  or 
instituting  prosecution  entitled  to  half. 


For   use    of    commissioners   of   tish   and 

game;*  prosecuting  attorney  20  percent 
where  he  conducts  prosecution. 

Less  expeiis.s.  half  to  informer  or  person 
bringing  action,  except  wardens,  half 
to  State. 

For  use  Of  board  of  came  COmmissioners- 

when  prosecutor  is  ■  protector  or  dep, 

uty;  half  to  informer,  half  t<>  board  for 

violation  Of  license  law. 
Half  to  complainant,  half  to  State. 
State  came  protection  fund. 

small  game,  half  to  warden  or  officer  in- 
stituting prosecution  or  to  informer: 
half  to  county  game  fund;  big  cam.-. 
county  came  fund. 

Half  to  warden  procuring  conviction  or 
making  arrest,  and  halftoState  warden. 

Mate. 

County;  but  informers  in  cases  of  viola- 
tion of  law  protecting  big  came  and 
introduced  birds  entitled  t<>  half. 

State  came  fund. 

Stat.-. 

County  came  fund. 


Deputy  warden  prosecuting. 
Third  to  county  came  fund. 
General  school  fund. 


«  This  scheme  of  disposition  of  tines  is  void,  as  the  constitution  requires  all  fines  to  be  paid  into  the 
tine  and  forfeiture  fund. 

*>  Commissioners  may  direct  that  fines  collected  upon  prosecutions  by  deputy  State  wardens  be  paid 
to  them. 

c  Suit  is  now  pending  in  the  supreme  court  of  the  State  to  determine  the  legality  of  this  disposition 
of  the  fines. 


38  GAME    COMMISSIONS    AND    WARDENS. 

Iii  Washington  the  division  of  game  protection,  somewhat  separated 
from  the  fish  department  by  the  act  of  1905  but  still  under  the  control 
of  the  State  fish  commissioner,  is  maintained  exclusively  by  the  license 
fees  paid  into  the  State  treasury;  and  the  fees  paid  into  the  count}' 
treasury  arc  used  for  game  protection  in  the  county.  In  Idaho,  just 
prior  to  the  session  of  the  legislature  in  1905,  opposition  to  the  main- 
tenance of  a  State  game  department  supported  by  appropriations  from 
the  genera]  treasury  of  the  State  threatened  the  abolition  of  the  warden 
system.  Anticipating  this  contingency,  the  advocates  of  a  State  office 
drafted  a  new  bill  covering  the  entire  field  of  game  protection,  from 
the  establishment  of  a  State  wardenship  to  the  minutest  detail  of  close 
seasons,  and  placed  the  whole  upon  a  self-sustaining  basis  by  means  of 
the  license  system.  This  bill  became  a  law,  and  during  the  first  year 
of  its  operation  the  sum  of  $16,050  was  collected  from  the  issuance  of 
licenses  alone. 

One  of  the  most  conspicuous  examples  of  a  self-sustaining  depart- 
ment was  that  of  Missouri,  prior  to  recent  legislation  abolishing  the 
game  protection  fund.  The  general  game  act  of  1905  established 
resident  and  nonresident  licenses  for  hunting,  and  directed  that  the 
returns  from  them  should  be  paid  into  the  State  treasury  to  the  credit 
of  the  '  game  protection  fund,'  which  also  included  fines  for  violation 
of  the  act  and  certain  small  fees  for  issuing  special  permits.  The  act 
became  effective  on  June  16,  and  the  governor  appointed  a  State  game 
warden,  who  organized  the  department  upon  a  working  basis.  At  the 
end  of  the  year,  after  all  expenses  of  the  department  (§11,998.33)  had 
been  paid,  there  remained  in  the  treasury  to  the  credit  of  the  game- 
protection  fund  836,932. 37. a  The  license  fees  collected  from  nonresi- 
dents hunting  in  Florida  during  the  single  open  season  of  1906-7 
demonstrate  the  feasibility  of  supporting  a  State  wardenship  in  that 
State  b}'  the  funds  accruing  from  this  source  alone.  The  amount  was 
$6,380,  and  it  is  to  be  remembered  that  as  the  very  unsatisfactory  and 
inefficient  system  of  county  wardens  without  organization  or  central 
head  is  in  effect  there,  this  amount  is  undoubtedly  much  less  than  it 
should  and  would  have  been  if  the  law  requiring  noncitizens  to  procure 
licenses  had  been  strictly  enforced. b 

In  most  of  the  States  and  Territories,  either  the  whole  or  part  of 
fines  arising  from  prosecutions  for  violations  of  the  game  laws  are 
used  for  purposes  of  game  protection,  as  shown  in  the  table  on  pages 

"This  act  was  repealed  in  1907  and  superseded  by  a  law  which  destroyed  the  game 
protection  fund,  directing  that  all  license  fees  be  paid  into  county  treasury  for  roads. 
When  the  law  of  1905  was  repealed,  the  balance  of  $47,000  then  remaining  in  the 
game  fund  was  divided,  $20,000  being  paid  to  the  fish  commission,  and  $27,000  paid 
into  the  general  fund  of  the  State. 

&See  'Game  Protection  in  Florida,'  Circular  No.  59  of  the  Biological  Survey,  U.S. 
Department  of  Agriculture,  1907. 


DISPOSITION    "i     KINKS    IN     ILLINOIS     \M»    <    \  1 .1 1  "i;  \  I  \. 


In  1 llinois  the  license  feen  and  purl  of  the  fines  constitute  a  fund 
in  the  State  treasury,  designated  us  the   ;  ime  protection  fund, 

w  hich  is  used  for  |>a\  men!  of  expenses  of  the  State  game  department, 
and  tlif  surplus  for  the  introduction  and  propagation  of  quail,  prairie 
chickens,  pheasants,  and  other  game.  \\  itfa  this  balance  the  State  game 
commissioner  has  established  :i  game  farm  of  L60  acres  in  Sangamon 
County,  nol  far  from  Springfield,  where  large  numbers  of  pheasants, 
quail,  and  partridges  have  been  propagated.  These  birds  n%  ill  be  dis- 
tributed throughout  tin*  State  in  suitable  sections.  The  experiment 
has  been  a  signal  success.  All  fines  for  violation  of  the  game  laws 
and  license  fees  in  California  constitute  a  fund  in  the  State  treasury 
for  the  purpose  of  protecting,  restoring,  and  introducing  game.  In 
this  connection,  as  well  as  for  other  reasons,  the  following  table  of 
arrests  and  prosecutions  for  violation  of  the  game  laws  in  California 
during  the  t\\<»  years  ending  August  31,  L904,  is  interesting.  It  will 
be  seen  that  the  game  fund  from  this  source  alone  amounted  to  $6,7  *'•'• 

Summary  of  Arrests  mad*  by  Deputies  of  the  California  Fish  Commission  <iml  Disposition 
of  Cases  for  two  years  ending  August  SI,  1904-b 


u 


Violations  charged. 


Fines. 


Impris- 
onment 


"  bat?  limit" 

Killing  or  possession  of  doves,  "  closed  season  ". 

Ducks,  "bag  limit" 

Killing  or  possession  of  duck-,  "closeds 

Netted  ducks  (drowned ) 

Quail,  "  bag  limit  " 

Killing  or  possession  of  quail,  "  closed  season  ". 

Offering  quail  for  sale 

Trapping  quail  

Quail  in  poss«  ssion  without  permit 

Chinese  quail  in  possession 

•  bag  limit " 

Running  deer  with  dogs 

Killing  deer,  "closed  season" 

ssion  of  deer  meat,  "closed  season" 

Killing  female  deer  or  fawn 

Possession  of  female  deer  hides 

Removing  evidence  of  sex  from  deer  lii<i< ■- 

Bale  of  deer  hides 

Sale  of  deer  meal 

Night  shooting 

Trespass  

snip*.',  "bag  limit" 

Plover,  "closed  season" 

Grouse,  "closed  season  " 

Shooting  meadow  larks 

-  on  <ii  pheasants 

-  [uirrel,  "cloe  


i- 


1100 

100 

250 

25 

278 

1 .  576 
240 

100 

[25 

25 

710 

• 
100 

160 

150 

25 

7"> 
100 
i:> 
50 
105 


25 


6,749 


213 


ding. 

Iii  addition  to  license  fees  and  fines, the  moneyarising  from  the  sale 
of  confiscated  game  is  paid  into  the  game  protection  fund  in  several 
States.     The  income  from  this  source  in  Wisconsin  in  L903  amounted 


\m.  Field,  vol.  66,  p.  67,  July  28,  L906. 
b Eighteenth  Biennial  Rept.  Board  Fish  Comm.,  Calif.,  p.  11,  1904. 


40  GAME    COMMISSIONS   AND    WARDENS. 

to  $2,433.47  and  in  1904  to  $1,627.81.  These  amounts  represent  the 
value  of  only  a  small  part  of  the  game  confiscated,  as  the  sale  of 
nearly  all  kinds  of  game  is  prohibited  and  such  game  must,  under 
the  law,  be  donated  to  some  charitable  institution  of  the  State. 

Another  source  of  revenue  to  the  game  protection  fund  is  found  in 
the  provision  of  the  Indiana  law  requiring  the  payment  into  the  State 
treasury  to  the  credit  of  the  fish  and  game  fund  of  $20  collected  as 
costs  from  the  defendant  in  ever}7  conviction  where  the  commissioner 
or  warden  prosecutes.  A  similar  provision  is  contained  in  the  Con- 
necticut law,  but  the  $20  taxed  against  defendants  there  is  paid 
directly  to  the  warden  prosecuting,  and  constitutes  his  entire  com- 
pensation. 

Several  States  make  direct  appropriations  from  the  general  treasury 
for  the  maintenance  of  their  game  departments  as  an  addition  to  the 
funds  arising  from  licenses,  fines,  etc.  Thus  Minnesota,  in  the  game 
act,  fixes  the  annual  appropriation  at  $35,000;  and  Vermont,  in  the 
act  of  1904  as  amended  in  1906,  appropriates  annually  the  sum  of 
$5,500  for  the  preservation  of  fish  and  game.  The  following  table 
shows  the  sums  appropriated  in  the  several  States  for  game  protection 
in  the  two  }Tears  1905-6,  together  with  certain  incidental  details.  It 
will  be  noticed  that  in  9  States — Idaho,  Illinois,  Michigan,  Missouri, 
Montana,  North  Carolina,  North  Dakota,  Washington,"  and  Wiscon- 
sin—the work  was  self-supporting.  In  several  of  these  States  no 
appropriations  were  made,  or,  as  in  Idaho,  Missouri,  and  Washington, 
the  money  already  in  the  game  protection  funds  was  appropriated  or 
made  available  for  the  use  of  the  department. 

a  The  general  appropriation  for  salaries  and  expenses  in  Washington  is  almost 
exclusively  for  fishery  work. 


.-I  mi     \rri;<  >ri;i\  I  10N8    L90 
S  \jtpropriati* 


11 


and 
fish. 


h  hat  fund. 


Purp 


i 

I 

l,  no 

Colorado 

Connecticut  . 

District  Columbia 

Idaho 


Jul)  I.  I'd.  July  1,1907 


...do.. 


:   19  ti 

Oct.  1    190ft  Oct.  1.  1907 do 

0 


1906  July  l.  1908. 

i  1906 Fish    mi 

fund. 


Illinois* 

Indiana  ... 


Knli-av 

Maine 

Man  land  

IlllSCtt* 


N..\.  1.  1905  N 
lid  1906 


1,1907 
July  1. 1905  July  1,1907 


I 


Apr.  1, 1904-Apr.  1,1906 
1906 


Michigan* 

Minnesota 

Missouri 


Fixed  annual  Bum General  . 

1905  and  1906 Fish    and 

fund. 


fame 


Montana  b 

Nebraska   


General 


New  Hampshire 

New  Jersey -'7,  (50 


Apr.  1,1905- Apr.  1,190 

(1 

Nov.  1. 1905-Nov.  1,  1906 d 


New    M 

Nru  V.-rk... 


1905 and  1906  .... 
Oct.  1, 1905-Oct.  1, 


l'.MMi 


.do 
.do 


15,000    <lo 


North  Carolina'' 

North  Dakota  '< 

Ohio ll.onn 


8,  «IH« 

Pennsylvania 


300 


..I  thi 

ii  and    pr.  - 
tion  ol  game. 
Woi k  and  material 
ed  i.\  Btate  prli 

l»... 

imenl    of   a   frame 
i  \  ■-. 
men?. 
Salaries  and  i 


Salaries  and  i 

Salaries  unci   protection  of 

rame. 
Salary   State    warden    and 

expenses  of  enforcement. 
Not   specific    salai 

as  those  of  other  officials. 
Traveling  exp 

warden. 
Salaries,  expenses,  enf 

meiit.   damage    by  deer, 

hatcheries. 

Enforcement. 

For  carrying  Into  effect  the 
game  act. 

Salaries,  traveling  expenses, 
and  hatcheries. 

Not  specific— salaries   paid 
as  tho^e  of  other  officials. 

Salaries  and  expenses,  pro- 
tection and   prop 
of  game  and  tidi. 

Salaries    and    expense-    of 
Territorial  game  warden. 

Salary    and    expensi 

ell'sr-  :    :i   |     h   hateherie- 

shellfish,  and  lore-try  ex- 
pel 
Costs,  fees,  and  expenses  of 
prosecutions. 


Rhode  Island. 
Utah  


Vermont  . . . 
Washington 


W  •  si  Virginia 


\\  s    msinb. 
Wyoming... 


a,  600 


5,000 


Feb.l5,1905-Feb.l5,1906    General Expenses    of    commission. 

exclusive    of     hatch 
and  patrol  boat. 

1905  and  1906 do salaries  and  expenses. 

Junel,  1905-June  1,1907 do Enforcement  ox  game  laws 

only. 

do Establishment  and  stocking 

of  game  preserves. 
do Preparation    and    publica- 
tion <>i  the  game  laws. 

1905 do Expenses  of  commissioners 

of  birds. 

1905 and  1906 do Salaries    and     expenses    of 

commissioner    and    dep- 
uty commissioner. 

I  annual  sum do Salaries,  hatcheries,  etc. 

Apr.  1, 1905-Apr.  1, 1907 do Salaries   and    expenses   ,  f 

tish    commissioner    and 
deputies. 

do Game  protection     Salary  of  chief  game  deputy 

fund.  and"  enforcement  of  game 

act. 
Salary     and     expemx 
fame  warden. 

Salaries-    and 
game  department. 


Oct.  1, 1904-Oct.  1. 1906  ..    Genera]  ... 


Apr.  l.  1905-Apr.  1. 1907..    General 


"The  appropriations  for  1907-8  are  necessarily  omitted,  as  the  laws  were  not  available  in  time  10 
Attain  the  figures  for  this  report. 
Hiame  protection  system  supported  by  direct  income  from  game  laws. 

135&— No.  28— 07 A 


42  GAME    COM. Missions    AND    WARDENS. 

In  a  few  States  the  game  protection  fund,  which,  as  commonly 
understood,  includes  such  moneys  a^  are  derived  from  enforcement 
of  the  game  laws,  is  limited  in  whole  or  in  part  by  constitutional 
provisions. 

A  provision  in  the  constitution  of  Nebraska  requires  the  proceeds 
from  all  licenses  and  tines  arising  under  criminal  laws  to  he  paid  into 
the  school  fund,  thus  effectually  preventing  the  moneys  from  being 
used  for  game  protection.  Similarly,  in  Missouri  and  Nevada,  consti- 
tutional provisions  require  proceeds  from  tines  to  he  paid  into  the 
school  fund.  In  Florida  lines  for  violation  of  the  game  laws  are  paid 
into  the  fine  and  forfeiture  fund  of  the  county,  and  are  not  available 
for  payment  of  wardens,  although  the  game  law  attempts  to  make 
them  so.  A  somewhat  similar  provision  in  the  constitution  of  West 
Virginia  requires  the  clear  proceeds  of  tines  to  he  paid  into  the  gen- 
eral fund  of  the  State.  So  far  it  has  been  customary  in  this  State  to 
pay  such  fines  to  the  game  wardens,  in  compensation  for  their  service-, 
and  the  legality  of  such  payment  is  now  before  the  supreme  court  of 
the  State.  In  this  connection  it  may  be  noted  that  Wisconsin  has  a 
constitutional  provision  directing  that  the  'clear  proceeds'  of  all  lines 
be  paid  into  the  school  fund,  but  the  supreme  court  of  that  State  has 
held,  in  State  v.  De  Lano  (49  X.  W.,  808),  that  'clear  proceeds*  means 
only  the  amount  remaining  after  all  lawful  deductions  in  the  case  have 
been  made,  including  a  two-thirds  for  informers. 

During  the  present  year  a  disposition  has  been  manifested  in  certain 
States  to  restrict  the  game  protection  fund  or  to  legislate  it  out  of 
existence.  Wyoming  has  practically  abolished  its  game  protection 
fund  and  replaced  it  with  an  appropriation  of  <5±,450  for  the  mainte- 
nance of  the  department  during  the  next  two  years.  Such  a  change 
by  making  the  appropriation  hard  and  fast,  has  the  disadvantage  of 
removing  from  the  department  the  incentive  to  increase  its  income  by- 
sale  of  licenses  or  better  enforcement  of  the  law.  In  this  case  it  has 
materially  reduced  the  amount  available  for  game  protection,  the 
amount  collected  from  hunting  licenses  in  1905  having  been  about 
£lL;.n<R),  whereas  the  sum  available  for  1907  will  he  but  Sl\l^5.  Such 
action  also  renders  the  department  more  exposed  to  restrictions  or 
adverse  legislation. 


GAMK    LAW    ADMINISTRATION. 

Thus  far  it  has  been  the  purpose  t<>  explain  the  nature  of  the 
machine r>  i»\  which  game  laws  are  enforced,  and  it  is  now  desirable 
to  show  how  this  machinery  input  into  motion. 

IRREST. 

h  is  scarcely  necessary  to  -n\  that  no  punishment  can  be  inflicted 
for  violation  of  the  game  laws  until  some  act  constituting  an  offense 
i-  actually  committed.  In  some  States,  however,  such  as(  Colorado  and 
Minnesota,  an  attempt  to  violate  the  law  subjects  the  offender  to  the 
-aim   penalties  as  an  actual  \  iolation. 

It  is  an  offense  in  several  States  t<>  possess  game  with  ////'///to 
export  or  sell  it.  and  while  no  effort  ma\  be  made  to  execute  the 
intent  it  i-  nevertheless  a  violation  of  law.  because  the  possession 
with  intent  to  export  or  sell  i-  made  a  substantive  offense. 

Upon  \  iolation  of  tin4  game  law ,  the  first  step  i-  to  secure  the  actual 
presence  ^i  the  defendant  in  court  to  answer  for  his  offense.  This  is 
accomplished  by  his  arrest,  hut  usually  such  arrest  must  have  been  pre- 
ceded l>\  a  complaint  under  oath  or  an  affidavit,  setting  forth  a  probable 
cause  for  believing  the  defendant  guilty.  A  warrant  is  then  issued  to 
some  competent  and  authorized  executive  officer  a-  a  game  warden. 
constable,  or  police  officer  directing  him  to  arrest  the  accused  and 
bring  him  before  the  judge,  justice,  or  court  issuing  the  warrant,  or, 
in  a  very  few  cases,  before  some  other  court  having  jurisdiction.  In 
every  State  and  Territory  where  the  warden  system  i-  in  operation  the 
power  <>f  arrest  is  conferred  upon  the  wardens,  and  in  most  instances 
upon  members  of  the  boards  o(  fish  and  game  commissioners.  It  is 
customary  in  some  States  to  include  in  the  Liana1  law-  a  provision 
authorizing  game  wardens  and  other  officers  to  arrest  without  war- 
rant, hut  unless  this  authority  is  contained  in  the  game  act  or  allowed 
by  a  general  statute  it  can  not  ordinarily  be  lawfully  exercised,  since 
to  authorize  an  officer  to  arrest  without  warrant  for  any  offense  less 
than  a  felony  and  with  very  rare  exceptions  violations  of  the  game 
law-  are  only  misdemeanors  the  offense  must  tend  to  a  breach  of  the 
peace,  and  tin1  officer  must  find  the  person  in  the  act  of  violation. 
Were  not  the  power  to  arrest  without  warrant  conferred  upon  the 
warden-  many  violators  would  escape.  Offenders  against  game  laws 
usually  operate  in  remote  and  secluded  place-,  often  so  far  removed 
from  any  judicial  officer  that  proper  enforcement  of  such  law-  would 
he  impossible  were  warrants  for  arrest  required. 


tew  Jersey  in  is<i;  enacted  ;i  special  law  t<>  provide  a  uniform  procedure  for  the 
enforcement  of  law.-  relating  to  fish,  game,  and  birds  (acts  of  L897,  ch.  44  . 

apparently  it  is  the  only  State  which  has  BUCh  a  statute. 

43 


44  GAME    COMMISSIONS    AND    WAKDI.NS. 

The  complaint  or  affidavit  upon  which  a  warrant  of  arrest  is  issued 
must  contain  a  sufficient  statement  of  facts  to  justify  the  reasonable 
suspicion  that  the  person  charged  has  violated  the  law.  It  should  be 
in  writing,  and  be  signed  by  the  person  making  it.  Attention  is  espe- 
cially directed  to  the  rule,  which  has  very  few  exceptions,  that  any 
person  who  is  capable  of  understanding  the  solemnity  and  nature  of 
an  oath  may,  if  indeed  he  is  not  in  duty  bound  as  a  good  citizen  so  to 
do,  make  the  complaint  on  affidavit  if  he  knows  of  a  violation  or  has 
probable  cause  to  suspect  it.  Hence,  it  is  in  the  power  of  every 
citizen  of  a  community  to  aid  in  the  enforcement  of  the  game  laws. 
Were  it  otherwise  many  crimes  would  go  unpunished. 

Ordinarily  the  complaint  or  affidavit  upon  which  the  warrant  of 
arrest  is  issued  serves  also  as  a  complaint  upon  which  the  defendant  is 
tried,  and  it  is  important  to  frame  it  so  accurately  in  the  first  case  that 
it  will  be  sufficient  in  the  latter.  The  following  frame  or  skeleton  of 
a  complaint  for  hunting  without  a  license  is  given  in  the  pamphlet  of 
game  laws  published  by  the  State  warden  of  Wisconsin  for  the  guid- 
ance of  deputy  wardens  and  persons  undertaking  the  enforcement  of 
the  game  laws: 

State  of  Wisconsin,  \  oo 
County  of ,  J 


,  being  duly  sworn,  says  that  on  the day  of ,  in  the  year 

190 — ,  at  said  county, (name  of  the  accused)  did  pursue  (hunt  or  kill) 

(state  what)  without  at  such  time  being  in  possession  of  a  license  authorizing 

him,  then  and  there,  to  pursue  (hunt  or  kill)  animals,  fowls  or  birds,  contrary  to  the 
provisions  of  section  4562a  W.  S.  of  1898,  as  amended  by  section  30a  of  chapter  312 
of  the  laws  of  said  State  for  1899,  and  against  the  peace  and  dignity  of  the  State  of 
Wisconsin. 


Subscribed  and  sworn  to  before  me  this dav  of ,  A.  D.  190 — . 


Justice  of  the  Peace. 

The  above  form  can  be  used  in  almost  any  State  and  case  with  the 
necessary  changes  to  comply  with  the  statute  and  the  particular  offense 
charged.  Thus,  if  a  nonresident  be  charged  with  hunting  without 
license,  the  allegation  should  be  made  in  the  complaint  that  he  is  a 
nonresident  of  the  State. 

Unless  prohibited  by  statute  an  arrest  may  be  made  on  Sunday  as 
on  any  other  day.  The  New  Jersey  statute  prescribing  the  procedure 
for  enforcing  the  game  laws  contains  the  following  provision: 

Sec.  15.  Proceedings  under  this  act  may  be  instituted  on  any  day  of  the  week,  and 
the  institution  of  such  proceedings  on  Sunday  shall  be  no  bar  to  the  successful  pros- 
ecution of  the  same,  and  any  process  served  on  Sunday  shall  be  as  valid  and  effectual 
as  if  served  on  any  other  day  of  the  week. 

In  Ohio  it  is  provided  that  arrest,  either  with  or  without  warrant, 
may  be  made  on  Sunday,  in  which  case  the  offender  shall  be  taken 


before  the  court  and  required  to  give  bond  for  his  Appearance  <>n  ;i 
week  da j  to  answer  the  complaint.  Similar  pro>  isions  are  contained 
in  the  law  -  of  se>  era]  ot  her  States. 

[fa  warrant  be  necessar}  for  the  arrest  <>f  the  defendant,  one  is 
issued  by  the  justice  or  judicial  officer  before  whom  the  charg< 
made,  and  the  defendant  is  arrested.  II<i  should  be  taken  al  once 
before  the  judicial  officer  issuing  the  warrant,  when  usuall}  trial  of 
the  case  is  postponed  until  the  defendant  <:in  prepare  his  defense.  A 
tVw  States  prescribe  the  procedure  t<»  be  followed  in  cases  where  cor- 
porations are  defendants.     Thus,  the  ( Colorado  statute  reads  as  follows: 

>n.  21.  [n  case  of  :i  violation  <>i"  this  act  by  a  corporation,  the  warrant  <»i  arrest 
may  be  read  t<»  the  president,  secretary,  or  manager  In  tliis  state,  or  any  general  or 
local  agent  thereof  in  the  count)!  where  the  action  is  pending,  and  upon  the  return 
of  such  warrant  so  served,  the  corporation  Bhall  be  deemed  in  court  and  subject  to 
the  jurisdiction  thereof,  and  any  fine  imposed  may  be  collected  by  execution  against 
the  property  of  such  corporation.     (Laws  of  1899,  ch.  98,  Div.   \ 

IRREST    WITHOUT   WARRANT. 

Iii  many  of  the  States  wardens  and  police  officers  an4  authorized 
under  i  !"•  game  laws  to  arrest  without  process  or  warrant  any  offenders 
found  in  the  act  of  violating  the  law.  In  Utah  the  State  commissioner 
and  the  county  wardens  (at  any  point  in  the  State)  and  sheriffs  and 
constables  (in  their  respective  counties)  are  required  to  arrest,  with  or 
without  warrant,  any  person  whom  they  believe  guilty  of  a  violation 
of  the  game  law;  but  if  no  warrant  is  obtained  the  prisoner  must  be  held 
until  one  can  be  procured.  Iu  the  accompanying  table  the  States 
which  vest  their  wardens  with  authority  to  arrest  without  warrant  are 
enumerated,  and  such  details  are  given  as  are  pertinent  to  that  power. 


46 


GAME    COMMISSIONS    AND    WAKDKNS. 


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May  make  "  reasonable  examina- 
tion "  of  tents  mid  ..Mi.  i    | 
where   hunter-   might   conceal 
game  when  reasonable  suspicion 
exists  hi  ,i  violation  ol  He 
laws. 

Any  place,  except  >iu elling  • 
may  open  and  examine  '<■■ 
barrels,  and  packages,  when  they 
have    reason    t<>  believe   . 
illegally  taken  or  held  la  ' 
found  therein. 

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Persons  found  In  act  ol  violating 

the  game  law -. 

Persons  they  believe  guilty  of  vio- 
lating the  game  laws. 

Persona  found  violating  the  game 

laws. 
Persons  violating  the  law  In  their 

presence. 
Persons  found  by  them  violating 

the  game  or  bird  lav,  s. 

Persons  found  by  them  in  act  of 

violating  the  game  law-. 

Persons  detected  by  them  In  acl  of 

violating  the  game  law-. 

Persons  round  in  acl  of  \  lolating 
the  game  lay  -. 

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a  .      - 

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lens  deputies,  Bhei 
tables. 

lens 

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■— 

i-  deputies. 

chief  deputy,  State 
intv   warden-,  -li<r 

tables. 

wardens 

i 

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i  7  ~ 

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district     warden-, 

eputy  wardens. 

rden,  assistanl  and 
ant  game  wardens, 
constables. 

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50  GAME    COMMISSIONS    AND     WAKhKXS. 

POWEB    TO    REQUIRE    AID. 

The  game  warden  unaided  may  be  physically  powerless  to  execute 
the  process  in  his  hands  or  to  check  violations  of  the  law  committed 
in  his  presence.  To  provide  for  such  contingencies  Colorado,  Min- 
nesota, Maine,  Ohio,  Pennsylvania,  Texas,  West  Virginia,  and  Wyo- 
ming empower  their  wardens,  or  certain  of  them,  to  summon  to  their 
aid  any  number  of  persons  required.  In  Colorado  the  commissioner 
or  one  of  the  chief  wardens  may.  when  such  course  is  necessary,  sum- 
mon to  his  aid.  or  require  the  sheriff  of  the  county  to  do  so,  a  sufficient 
number  of  persons  to  quell  any  unusual  and  ungovernable  violation  of 
law.  It  is  a  violation  of  the  act  for  any  person,  when  summoned,  to 
fail  to  respond  without  good  cause.  Nevertheless,  the  commissioner 
of  that  State,  in  his  report  for  lvu > L  and  L902,  questions  the  value  of 
this  power  and  gives  the  result  of  his  experience  in  attempting  to  put 
it  into  operation  in  the  fall  of  1902,  when  he  undertook  to  quell  an 
Indian  raid  in  Rio  Blanco  County.     He  says: 

In  October  of  last  year  [1901]  I  received  information  that  the  Indians  were  hunt- 
ing in  the  vicinity  of  White  River  in  Rio  Blanco  County  I  went  there  and  suc- 
ceeded in  arresting  seven  Indians  who  hail  in  their  possession  a  wagon  load  of  'jerked' 
venison,  one  hundred  and  forty-odd  deer  hides,  and  some  fawn  and  doe  heads  and 
hides.  The  Indians,  with  their  booty,  were  conveyed  forthwith  to  Meeker,  in  Rio 
Blanco  County,  and  brought  before  a  justice  of  the  peace.  A  jury  was  called  and 
evidence  presented  which  would  convict  in  any  other  court  in  the  land.  but.  f<  r  n  a- 
sons  which  at  that  time  I  did  not  understand,  they  were  found  not  guilty.  ...  It 
seems  that  the  citizens,  almost  to  a  man,  are  opposed  to  these  annual  raids,  but,  as 
it  is  taken  for  granted  that  they  will  continue,  and  that,  as  heretofore,  no  successful 
measures  will  be  taken  to  prevent  them  entirely,  they  are  not  inclined  to  incur  the 
enmity  of  the  Indians.  -  Many  of  the  citizens  have  cattle  and  other  property  in  the 
localities  wherethe  Indians  hunt  and  have  frequent  occasion  to  go  there  in  person.  .   .   . 

This  year  [1902]  upon  learning  that  the  Indians  were  again  making  their  appear- 
ance I  decided  to  visit  their  camps  in  person,  with  the  view  of  persuading  them  to 
go  back  peacefully.  I  encountered  a  number  of  them  at  GillenDraw,  in  Rio  Blanco 
County,  at  about  10  o'clock  in  the  forenoon  of  October  6.  After  they  had  learned 
my  business  with  them  they  agreed  to  go  back  to  the  reservation.  It  seems,  how- 
ever, that  instead  of  returning,  they  found  another  band  in  the  vicinity  and  imme- 
diately followed  my  trail.  Upon  sight  of  me  they  began  tiring.  I  was  shot  in  the 
left  side,  the  bullet  shattering  a  portion  of  the  seventh  rib.  While  the  wound  was 
painful,  it  was  not  serious,  and  I  was  still  able  to  cling  on  my  horse.  Their  fire  was 
returned  by  me,  but  with  what  result  1  do  not  know.  Later  my  horse  was  shot 
from  under  me.  and  I  was  compelled  to  seek  shelter  in  the  brush.  The  loss  of  blood 
fnun  the  wound  began  to  tell  upon  my  strength  by  this  time,  and  1  was  forced  to 
lie  down.  At  daylight  1  made  my  way  back  to  Rangely.  and,  after  attending  to  my 
wound,  asked  for  volunteers  to  go  with  me  to  the  scene  of  the  encounter  forthe  pur- 
pose of  getting  my  saddle1  and  bridle.  Some  of  the  citizens  of  Rangely  informed  me 
that  they  '  had  lost  no  Indians,'  and  I  found  only  one  man  .  .  .  who  was  willing  to 
go  with  me.  After  securing  the  saddle  and  bridle,  we  learned  from  a  number  of 
cowboys  whom  we  met  that  the  Indians  wen1  on  their  way  back  to  the  reservation. 

The  history  of  this  department  during  the  past  few  years  satisfies  me  that  the 
commissioner  is  not  abl  s  to  cope  with  these  Indian  depredations  with  the  force  at 
his  command.     While  the  law  intends  that  in  such  case-  t  se  commissioner  may 


I  \  I  i:  \l>i  i  [0  5  1 

demand  the  aid  of  the  sheriff  of  the  county,  and  may  call  to  hi  suffi 

cieni  iiiin i  to  enforce  the  I;i\\ .  my  experiei •onvinws  rue  thai 

mode  of  procedure  is  not  satisfactory,  and   I  wou  ul   the  !•  . 

ture  make  Buch  provision  in  the  way  of  an  available  appropriation  a*  to  enable  the 
commissioner,  with  the  consent  of  the  governor,  to  place  a  force  of  at  leasl  twent) 
wardens  in  thai  locality  when  necessary       p    10 

\i:i;i  BT  Ol     i  Ki  W  kSSKHS    SI     LAXI>  >W  v.  I  i. 

By  an  act  passed  in  Connecticut  in  L903  (chap.  L99),  authority  is 
given  the  owner,  occupant,  or  person  in  charge  of  land,  or  such  per- 
sons as  he  mux  command  to  assist  him.  to  arrest  any  person  entering 
upon  his  premises  for  the  purpose  of  hunting,  trapping,  fishing,  or 
destroying  nests  and  eggs  of  birds;  and  to  take  such  trespasser  forth- 
with before  some  proper  authority,  who  shall,  upon  complaint  of  the 
propel-  prosecuting  officer,  proceed  to  try  such  person.  The  pos 
Bion  by  a  trespasser  of  gun,  dog,  ferret,  or  fish  rod  is  made  prima 
facie  evidence  of  his  intention  to  hunt  or  fish  on  the  land.  The  person 
arresting  such  trespasser  is  entitled  to  the  fees  usually  allowed  consta- 
bles for  similar  service. 

i:\TK  \IM  HON. 

Under  the  constitution  of  the  United  State-  a  person  charged  in  any 
State  with  treason,  felony,  or  other  crime  who  shall  flee  from  justice 
shall,  on  demand  of  the  executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up  to  be  removed  to  the  State  having  jurisdiction 

of  the  crime.     |  Art.  4.  sec.  2. ) 

To  carry  this  provision  into  effect,  Congress  has  passed  an  acl  providing  substan- 
tially that  whenever  the  executive  of  any  state  shall  demand  any  person,  as  a  fugi- 
tive from  justice,  of  the  executive  authority  of  another  State  to  \\  hich  such  person 
shall  have  fled,  and  shall,  moreover,  produi  e  the  copy  of  an  indictment  found,  or  an 
affidavit  made  before  a  magistrate  of  thedemanding  State,  charging  the  person  bo 
demanded  with  having  committed  treason,  felony,  or  other  crime,  certified  as  authen- 
tic by  the  governor  or  chief  magistrate  of  the  demanding  State,  it  shall  be  the  duty  of 
the  executive  authority  of  the  State  on  which  the  demand  is  made  to  cause  him  or  her 
to  be  arrested  and  secured,  and  to  give]  notice  of  thearresl  to  the  executive  authority 
making  such  demand,  or  to  the  agenl  of  such  authority  appointed  to  receive  the  fugi- 
tive, and  to  cause  the  fugitive  to  be  delivered  to  Buch  agenl  when  he  shall  appear. 
But  if  no  such  agent  shall  appear  within  h\  months  from  the  time  of  the  arrest,  the 
prisoner  may  be  discharged.     (Clark's  Criminal  Procedure,  p.  i also  Rev. 

State.,  1'.  S.,  -  c.  5278. 

Cases  of  extradition  under  the  game  laws  are  comparatively  rare, 
possibly  because  the  violations  of  such  laws  are  usually  merely  mi-de- 
meanors, and  because,  until  recently,  of  the  laxity  in  enforcement. 
In  late  years.  howe\  er,  several  cases  have  occurred  in  which  ext  radition 
proceedings  were  necessary  to  bring  to  justice  residents  of  New  York 

See  also  an  account  by  I).  C.  Beaman  of  a  previous  raid  in  Routt  County  Ln  Octo- 
ber, 1897,  entitled  'The  Colorado  Game  Wardens  and  the  Qte  Indians,'  in  Forest 
and  Stream.  L,  p.  l'7.  January  8,  1898. 


5l2  GAME    commissions    AND    WARDENS. 

who  hunted  in  Pennsylvania  and  residents  of  Pennsylvania  who  hunted 
in  West  Virginia.  In  L904  a  sportsman  from  Homestead.  Pa.,  who 
had  been  indicted  for  hunting  squirrels  out  of  season  in  West  Virginia, 
was  arrested   and   taken   under   extradition   papers   to   Morgantown, 

W.  Ya..  where  he  was  lined  $25  and  costs  for  hunting  without  a  non- 
resident license.  He  was  required  also  to  deposit  $110  as  a  guaranty 
of  his  appearance  at  the  next  term  of  court  to  answer  the  indictment." 

In  HK)4:  Robert  and  George  L.  Parkins,  of  Luevville,  Washington 
County,  Pa.,  hunted  in  Monongalia  County,  W.  Ya.,  without  secur- 
ing- nonresident  licenses.  On  returning  home  they  took  with  them 
several  pheasants  (ruffed  grouse)  and  one  quail,  which  they  had  killed 
out  of  season.  In  September,  1905,  they  visited  the  county  again,  but 
left  upon  learning  that  inquiries  had  been  made  regarding  their  actions. 
A  requisition  was  obtained  from  the  governor  of  West  Virginia  and 
duly  honored  by  the  governor  of  Pennsylvania.  The  men  were  then 
promptly  arrested  at  Luevville,  taken  to  West  Virginia,  and  upon 
conviction  paid  fines  of  $ol'2  each.^ 

In  September,  1905,  the  grand  jury  at  Morgantown.  AY.  Ya.,  found 
three  indictments  against  John  H.  Malloy  and  Dr.  Walter  Downey,  of 
McKeesport,  Pa.,  for  killing  five  yellowhammers  and  crippling  one, 
and  for  having  the  birds  in  possession.  A  requisition  was  obtained 
and  Malloy  was  arrested  and  brought  to  West  Virginia.  Doctor  Dow- 
ney was  ill  and  could  not  go,  but  Malloy  plead  guilty  for  borh  and  paid 
$15  fine  and  £15  costs  in  each  of  two  cases  against  each  defendant, 
making  a  total  of  $120/  Malloy  was  also  charged  with  purchasing  and 
having  in  possession  a  fawn  with  spotted  coat,  and  in  this  case  paid  a 
minimum  tine  of  $5  and  in  addition  costs  amounting  to  $6.50. 

Recently  the  Indiana  authorities  made  requisition  on  the  governor 
of  Kentucky  for  ten  citizens  of  that  State,  who  had  been  hunting  in 
Indiana  without  license  and  who  were  finally  brought  to  trial  in  Indiana 
and  convicted. 

Montana  makes  specific  provision  for  extradition  in  case  of  violation 
of  game  laws.  A  section  in  the  game  law  of  1897  (H.  B.  123,  sec.  23, 
p.  254)  provides  that  whenever  in  a  trial  of  any  felony  under  the  game 
laws  of  that  State  it  appears  that  the  crime  was  committed  in  another 
State,  or  that  the  game  was  killed  in  violation  of  the  laws  of  another 
State,  it  shall  be  the  dut}T  of  the  court  to  hold  the  defendant  for  such 
time  as  shall  be  required  to  allow  the  authorities  of  such  State  to  take 
the  necessary  steps  to  seeure  the  extradition  of  the  defendant,  and  it 
is  further  made  the  duty  of  the  prosecuting  attorney  to  notify  imme- 
diately the  proper  officers  of  the  State  and  county  where  the  offense 
was  committed. 

"Bulletin  19,  Biological  Survey,  U.  8.  Department  of  Agriculture,  p.  44,  1904. 
^See  Am.  Field,  LXIV,  p.  811,  Oct.  7,  1905;  Sportman's  Review,  XXVIII,  p.  428 
Oct.  14,  1905. 

cSeeAm.  Field,  LXIV,  p.  335,  Oct.  14,  1905. 


In  this  connection  mention  maj  be  made  of  :i  \\  isconsin  |>n>\  ision 
authorizing  action  which  is  \*erj  similar  to  the  operations  in  ca 
i-\i i a- 1  i i ion .  r>\  this  provision  wardens  of  other  States  are  deel 
agents  of  their  States  in  Wisconsin  and  empowered  i"  follow  into 
Wisconsin,  seize,  and  carrj  back  an}  game  unlawfully  shipped  from  or 
taken  in  their  States,  and  transportation  companies  are  authorized  («> 
deliver  to  such  officers  anj  game  demanded.  Wardens  are  further 
empowered  to  dispose  of  game  so  seized  in  Wisconsin  in  accordance 
with  the  laws  of  their  respective  States,  but  such  disposition  is  to  lie 
made  under  the  supen  ision  of  an  officer  of  Wisconsin,  and  the  expenses 
arc  made  a  lien  on  the  proceeds.  A  further  provision  designates  ward- 
ens of  other  States  as  agents  of  Wisconsin  for  the  purpose  of  seizing, 
holding,  and  disposing  of  game  protected  by  the  law- of  Wisconsin. 

SEARCH. 

-I   LRCIl    WITH    u  aim;  \\  i  . 

The  right  to  search  certain  place-  under  warrant,  and  in  some  States 
persons,  has  been  quite  generally  conferred  upon  game  warden-.  With- 
out the  specific  grant  of  this  power  by  law  it  is  questionable  whether 
it  can  be  exercised.  To  authorize  the  issuance"  of  a  search  warrant 
there  must  be  a  complaint,  under  oath,  charging  a  violation  of  the 
game  law,  and  such  complaint  should  designate  the  place  where  the 
game  is  concealed  or  stored.  In  several  States  the  magistrate  is 
authorized  to  issue  a  search  warrant  upon  affidavit  of  probable  cause 
for  suspecting  the  concealment  of  game  in  certain  places  contrary  to 
law.  The  search  provision  of  the  Minnesota  statute  may  be  quoted  as 
an  example  o(  the  drastic  means  adopted  by  most  of  the  Western 
States  to  enforce  their  game  law-: 

Any  court  having  jurisdiction  may  upon  complaint  Bhowing  probable  cause  for 
believing  that  any  bird,  animal,  fish  or  any  pari  thereof  caught,  taken,  killed  or  had 
in  possession  or  under  control  by  any  person,  or  Bhipped  or  transported  contrary  to 
the  provisions  of  this  chapter,  is  concealed  or  illegally  kept  in  any  building,  car  or 
receptacle,  Bhall  issues  search  warrant  and  cause  a  search  to  be  made  in  any  Buch 
place  for  any  such  birds,  animals,  fish  or  any  pari  thereof,  and  may  cause  any  build- 
ing, inclosure  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker,  crate, 
basket,  package,  or  any  other  receptacle  whatever  to  be  broken,  opened  and  the 
contents  thereof  examined.     I  Laws  of  L905,  ch.  344,  Bee.  12.) 

The  older  States  are  more  conservative  and  reluctantly  grant  the  right 
to  search,  even  with  a  warrant.  Thus  Massachusetts  did  not  confer 
the  right  to  search,  under  the  game  laws,  till  L904,  and  then  only  under 
warrant.  In  Mississippi  and  in  most  other  States  a  private  residence 
can  not  be  searched,  and  in  Maine  it  can  only  be  searched  in  the  day- 
time. 

The  power  to  search  persons  stands  on  a  slightly  different  foot  inn1. 
In  Michigan,  Montana.  Oregon,  and  West  Virginia, persons  suspected 
of  violating  the  game  laws  can  be   searched   under  certain   conditions. 


54  GAME    COMMISSIONS    AND    WARDENS. 

The  Illinois  law  does  not  vest  the  wardens  with  power  to  search,  out 
provides  thai  when  they  believe  any  person  or  corporation  has  any 
game  in  his  or  its  possession,  contrary  to  law,  it  shall  be  their  duty  to 
go  he  Tore  any  justice  of  the  peace  in  the  county  and  make  affidavit  to 
that  fact.  Whereupon  the  justice  shall  issue  a  search  warrant  directed 
to  any  constable  of  the  county  commanding  him  to  search  at  once  for 
said  game  and.  upon  finding  it,  to  seize  and  hold  it  until  further  order 
of  the  justice.     A  form  of  warrant  is  contained  in  the  law.  as  follows: 

State  op  Illinois,  i 

/ ,  ss. 
County,  j 

To  din/  constable  of  »<ii'l  county,  greeting: 

You  are  hereby  commanded  to  search  (here  describe  place),  seize,  and  take  pos- 
session  of  and  hold  any  <rame,  deer,  wild  fowl,  or  bird  found  then1.  And  you  |  here 
name  owner  or  corporation  in  whose  possession  game  is  found)  are  hereby  notified 
t«>  appeal-  before  me  at  my  office  in  (here  locate  office)  on  |  here  state  time  of  trial) 
and  show  cause  why  the  game,  deer,  wild  fowl,  or  birds  should  not  he  sold  and  the 
proceeds  thereof  distributed  as  required  by  law. 

I  Signature  of  justice.) 

Justice  of  tin  Peaa  . 

(Date  of  warrant,  i 

In  Maryland  also  the  warrant  is  directed  to  a  constable  on  affidavit 
of  a  warden. 

The  right  to  search  for  game  illegally  held  is  perhaps  one  of  the 
most  important  functions  of  a  warden  and  is  necessary  for  efficient 
protection,  for  in  no  other  way  can  illicit  traffic  in  game  be  eradi- 
cated. This  authority  has  led  to  the  discovery  of  large  numbers  of 
birds  and  quantities  of  game  in  some  of  the  cities  of  the  United 
States  and  the  suppression  of  a  traffic  only  suspected  before.  It  has 
been  only  by  means  of  this  process  that  illegal  interstate  commerce  in 
game  has  been  stopped.  So  hard  have  the  market  hunters  in  the 
Mississippi  Valley  been  pushed  that  in  order  to  get  their  illegal  ship- 
ments to  the  city  markets  they  have  packed  the  game  in  butter  tubs 
or  egg  cases,  labeling  the  shipment  'butter'  or  ''eggs.'  Other  devices 
also  for  evading  the  game  laws  have  been  adopted.  But  the  climax  was 
reached  when  certain  shippers  packed  their  game  in  a  coffin  box  and 
shipped  it  as  a  corpse,  accompanied  by  a  false  health  certificate.  Some- 
what more  troublesome,  if  not  so  gruesome,  was  the  resort  to  bales  of 
hay.  the  game  being  placed  in  the  center  of  a  car  with  the  bales  of 
hay  piled  about  it. 

SEARCH    WITHOUT    WARRANT. 

Seventeen  States  and  the  District  of  Columbia  specifically  provide  that 
wardens  or  other  officers  may  search  certain  designated  places  without  a 
warrant.  (See  PI.  V.)  While  the  statutes  vary  widely  in  language, 
the  substance  is  the  same,  and  the  officers  are  clothed  with  power  t( 
accomplish  the  same  results.  It  i^  interesting  to  note  that  most  of  th< 
States  granting  this  power  are  Western  or  Central;  of  the  Southen 


• 


SI  I /.I   i;i  . 

States  «»iil\   Louisiana  is  included  And  <»f  the  Eastern  onh   Muine,  ( Son 
necticut,  Nov  Jersey,  Ne^i  York,  and  Pennsylvania.     Arkansas  ha    h 
|)i<>\  ision  |>< Tinii ting  common  carriers  to  open  and  examine  an\  pack 
age  delivered  t«>  them   for  transportation  oul  of  the  State  thai   they 
suspect   »■« mtains  >j:inif.  ;uul  the  Texas  game  law  of  i',MT  contains  a 
similar  pro>  Ision,  at  follow  s: 

Thai  -u.ii  express  company,  or  other  common  carrier,  or  its  agents,  servants  or 
employes  -hall  have  the  privilege  of  examining  an)  suspected  package  forthepur- 
of  determining  whether  Buch  patrkage  contains  any  of  the  articles  mentioned 
herein  [all  game].     (House  Bill  No.  346,  Bee.  10.  I 

Ohio  does  not  vesl  her  officers  with  power  to  search  without  war- 
rant, bul  provides  thai  in  case  of  refusal  of  the  owner  or  person  in 
charge  of  any  package,  box,  coat,  clothing,  or  other  receptacle  to 
permit  a  warden  or  officer  to  inspect  them,  such  officer  may  procure  a 
Bearch  warrant  t«»  do  so  from  any  competent  court.  Penalizing  the 
refusal  of  an\  person  to  permit  an  inspection  of  bis  place  or  recep- 
tacles, the  interposition  of  or  hindrance  or  interference  with  such  search, 
accomplishes  much  the  same  result  as  direct  authorization  of  search 
with  or  without  warrant.     Such  provisions  are  as  follows: 

Kaw  .  Persona  engaged  in  trade  of  meat,  fish,  and  game  are  required,  under 
penalty  of  i  to  permit  an  inspection  of  their  places  <>f  business  by  a  warden. 

Minnesota. — Any  person  in  possession  or  control  or  in  charge  of  any  hotel,  restaur- 
ant, storage  plant,  or  house  commonly  used  in  storing  meat,  game,  or  fish  for  private 
panic-  refusing  or  failing  t<>  permit  any  member  of  the  game  commission  or  its  war- 
dens to  enter  such  place  or  receptacle  therein  for  the  purpose  of  making  an  inspec- 
tion thereof  is  punishable  by  a  tine  of  >•">"  si()()  (,r  imprisonment  for  30  90  days. 

West  Virgin ia. — Any  person  who  hinders,  obstructs,  or  interferes  with  a  game 
Warden  in  the  discharge  of  any  of  his  duties  (among  which  is  the  duty  to  search  for 
evidence  of  the  violation  of  lav  I  is  punishable  by  a  fine  of  $10-$50,  and  in  default 
of  pa)  incut  shall  be  imprisoned  until  it  is  paid,  but  not  exceeding  30  «lays. 

Michigan,  Oregon, and  West  Virginia,  render  evasions  of  their  laws 
still  more  difficult  or  more  certain  of  detection  bv  making  hindrance 
or  obstruction  to  officers  in  their  search  for  evidence  or  fruits  of 
violation-,  prima  facie  evidence  of  violation  of  law.  Tin4  Michigan 
pro  ision  is  a>  follows: 

And  any  hindrance  or  interference,  or  attempt  at  hindrance  or  interference,  with 
such  search  and  examination  shall  be  prima  facie  evidence  of  a  violation  of  the  law 
by  the  party  or  parties  who  hinder  or  interfere  with  such  search  and  examination. 

Details  of  the  right  to  search  without  warrant  are  given  in  the  table 
on  pages  46-49. 

SEIZURE. 

SBIZDRE   OF   G  1MB. 

Complementary  to  the  right  of  search  and  only  another  >te]>  in  that 
process  i>  the  right  t<>  seize  game  or  the  implements  with  which  it  has 
been   unlawfully   taken.     Before   the   warden    undertakes  to  exercise 
4358     No,  28— 07 3 


.)()  GAME    co.M  MISSIONS    AND    WARDENS. 

power  of  seizure  he  should  be  certain  that  he  has  the  statutory  right 
to  do  so.  Such  right,  however,  has  been  bestowed  upon  officers  by 
the  game  laws  of  nearly  all  the  States.  Usually  game  alone  may  be 
seized,  but  a  few  of  the  States  provide  for  seizure  of  guns,  ammuni- 
tion, and  any  contrivance  with  which  game  has  been  illegally  killed  or 
taken.  In  the  table  on  pages  ±6-49  will  he  found  a  list  of  the  States 
permitting  seizure  without  warrant.  (Sec  also  PL  VI.)  This  power 
is  exercised  also  in  a  few  States  not  mentioned,  and  is  doubtless 
justified  under  the  language  and  context  of  the  game  acts  of  those 
States. 

The  objects  of  seizure  may  he  several,  but  the  most  usual  are  pre- 
venting consummation  of  an  illegal  transit,  sale,  or  other  disposition 
and  securing  evidence  of  a  violation  of  the  game  law.  Under  this 
authority  some  very  large  seizures  have  been  made:  thus  in  the  prose-! 
cation  of  Robert  Poole  and  William  Kerr  in  Minnesota  (State  /•.  Poole, 
100  N.  W.,  047)  l2.4t>S  ducks  were  seized. 

DISPOSITION    OF    SKI/.EI)    GAME. 

Twenty-eight  States  and  one  Territory  prescribe  what  shall  be  done 
with  game  which  has  been  seized  and  what  disposition  shall  be  made  of 
the  proceeds  when  it  is  sold.  (See  PL  VII.)  The  details  of  these  pro- 
visions are  shown  in  the  following-  statement: 

(  blorado.  — Sold.  Proceeds  paid  into  State  game  fund  if  seizure  and 
sale  is  made  by  a  warden;  if  by  a  sheriff  or  constable,  one-half  to  State 
game  fund  and  one-half  to  county. 

Illinois. — Sold.  After  paj'mentof  costs,  one-half  proceeds  to  warden 
making  complaint  and  one-half  to  State  game  fund. 

Lxni. — Sold.     Proceeds,  less  expenses,  paid  to  county  school  fund. 

Louisiana. — Confiscated.  Apparently  disposed  of  as  court  may 
direct. 

Maine, — Sold.  Proceeds,  less  expenses  of  sale,  paid  into  State  game 
fund. 

Maryland. — Sold.  After  payment  of  costs,  one-half  to  warden  and 
one-half  to  county  school  fund. 

Michigan. — Disposed  of  as  court  may  direct. 

Minnesota. — Sold.     Proceeds  paid  to  State  game  protection  fund. 

Missouri. — Donated  to  some  charitable  institution. 

Mississippi. — Confiscated.  Apparently  disposed  of  as  court  may 
direct. 

Monta mi. — Sold.      Proceeds  paid  to  State  fish  and  game  fund. 

Nebraska.      Donated  to  some  charitable  institution. 

New  Hampshire. — Sold.     Proceeds  paid  to  game  detective  fund. 

A,  w  Jersey. — Disposed  of  as  court  may  direct. 

North  Carolina, — Sold.     Proceeds  paid  to  bird  and  game  fund. 

North  Dakota. — Sold.  Two-thirds  of  the  proceeds  paid  to  warden 
making  seizure  and  sale  and  one-third  to  district  game  warden. 


I 


DISPOSITION    OF   SEIZED   CAME. 

Ohi       '  1  '-.lic-ii-  to  State.1     Apparent!}  disposed  of  :i    courl  maj 
direct 

Oklahoma,     Disposed  of  as  courl  ma\  direct. 
/"//.     Disposed  of  as  courl  maj  direct. 

Pennsylvania.  Gainesenl  to  nearest  hospital;  uongame  birds,  after 
use  as  e\  idence,  «l«"-t  royed. 

s     fh  Carolina.     Sold.     Proceeds  paid  to  State  game  fund. 

South  Dakota.     Sold.     Proceeds  paid  i"  count)  game  fund. 
(  on  ti  sea  ted. 
1  disposed  "t*  as  court  may  direct. 

Utah.     Sold.     Proceeds  paid  to  county  treasury. 

Vermont.  Used  as  evidence.  Apparently  disposed  of  as  court  ma\ 
direct. 

Virginia.     Disposed  of  a- court  ma\  direct. 

West  Virginia.  Disposed  of  as  court  may  direct:  if  sold,  proceeds 
paid  to  >tatc  t reasury. 

Wisconsin.  Sold.  Proceeds  paid  to  State  treasury  and  credited  t<» 
bunting  license  fund. 

Wyoming,     Sold.     Proceeds  paid  to  State  game  fund. 

From  the  foregoing  it  will  he  seen  that  in  Colorado,  Illinois.  Maine. 
Maryland,  Minnesota,  Montana.  North  Carolina.  North  Dakota.  South 
Carolina.  South  Dakota,  and  Wyoming  the  proceeds  arising  from  the 
Bale  of  confiscated  game  are  used  either  wholly  or  in  part  for  game 
protection.  In  Michigan,  New  Jersey,  Oklahoma.  Oregon,  Texas, 
Virginia,  and  West  Virginia,  and  apparently  in  Louisiana.  Mississippi, 
Ohio,  and  Vermont,  confiscated  game  is  disposed  of  as  the  court  may 
direct .  w  hile  in  Missouri,  Nebraska,  and  Pennsylvania, and  in  Wisconsin 
in  case  -ale  is  prohibited,  it  is  donated  to  some  charitable  institution. 
Prior  to  L905  a  similar  provision  was  contained  in  the  law  of  Min- 
nesota, but  it  was  found  that  these  institutions  did  not  properly 
appreciate  the  privilege,  and  upon  the  recommendation  of  the  board 
of  game  and  fish  commissioners  the  legislature  of  that  year  directed 
that  all  confiscated  game  should  be  sold  and  the  proceeds  paid  into  the 
inline  protection  fund. 

The  law-  of  Illinois,  Maryland.  Montana.  North  Carolina.  South 
Carolina,  and  North  Dakota  direct  the  officer  selling  confiscated  game 
to  issue  to  the  purchaser  a  certificate  of  lawful  purchase  and  provide 
that  thereafter  he  may  deal  with  such  game  as  if  it  had  been  acquired 
in  the  State  according  to  law. 

The  right  of  the  State  to  direct  the  Bale  of  confiscated  birds  and  con- 
vey a  legal  ritle  to  the  purchaser,  who  under  ordinary  circumstances 
would  be  debarred  by  law  from  lawful  possession  of  such  birds,  was 
questioned  in  the  case  of  Meul  >\  People  (111.),  reported  in  64  N.  E., 
1106,  and  there  sustained. 


58  GAME    COMMISSIONS    AND    WABDENS. 

A^  seizure  of  game  or  arrest  of  a  violator  of  the  game  law  is  likely 
to  occui-  in  remote  sections  of  the  State,  where  it  is  difficult  or  impos- 
sible to  secure  ordinary  means  of  conveyance, -the  laws  of  Colorado 
and  Nebraska  permit  the  officer  making  the  seizure  or  arrest  to  use 
for  transportation  any  available  vehicle.     Colorado  provides  that— 

Where  game  or  fish,  while  being  transported,  is  seized  under  this  act  the  officer 
making  such  seizure  shall  have  authority,  upon  payment  of  reasonable  compensation 
therefor,  to  also  take  possession  of  and  use  any  animals  and  vehicles  used  in  such 
transportation  for  the  purpose  of  conveying  the  game  or  fish  seized  to  a  convenient 
railroad  station  or  place  of  safe  keeping  or  sale,  and  also  for  conveying  any  person 
arretted  for  the  unlawful  possession  of  such  game  or  fish  to  a  place  of  hearing  or  trial, 
and  no  liability  shall  attach  to  such  officer  by  reason  thereof;  hut  this  section  shall 
not  apply  to  any  animal  or  vehicle  while  being  used  as  a  public  conveyance  for  pas- 
sengers or  mails,  or  to  any  railroad  car.     (Laws  of  1899,  chap.  98,  sec.  V>. ) 

The  Nebraska  provision  is  practically  identical. 

SEIZURE    OF    [LLEGAL    APPLIANCES. 

A  number  of  States  denounce  certain  methods  and  means  of  hunting 
game,  and.  as  a  rule,  provide  that  the  use  of  proscribed  appliances  shall 
forfeit  them  to  the  State  and  that  they  shall  be  destroyed.  To  facili- 
tate and  legalize  such  destruction  these  articles  are  usually  declared  to 
be  public  nuisances  and  liable  to  summary  abatement  when  found 
in  use  for  capture  of  game  or  fish. 

The  Supreme  Court  of  the  United  States  has  upheld  a  provision  in 
the  New  York  law  authorizing  the  summary  destruction  of  fish  net 
illegally  used.  In  Lawton  v.  Steele,  this  court  declared:  "  Where  th( 
property  is  of  trifling  value,  and  its  destruction  is  necessary  to  effect 
the  object  of  the  statute,  we  think  it  is  within  the  power  of  the  legis- 
lature to  order  its  summitry  abatement.''     (152  U.  S.,  133.) 

In  Minnesota  guns  used  in  violation  of  law  are  frequently  seiz< 
and,  until  a  few  years  ago,  were  sometimes  confiscated.  The  repoi 
of  the  board  of  fish  and  game  commissioners  shows  a  seizure  of  moi 
than  60  guns  during  the  period  from  March  1,  1900,  to  December 
19<»'2.  Some  of  these  were  retained  and  sold  by  the  commissioner; 
while  the  rest  were  returned  to  the  owners  after  investigation.  Tl 
right  to  confiscate  guns,  however,  was  withdrawn  under  the  act 
1905.  In  Nebraska  a  provision  in  the  law  of  1901  authorizing  contis 
cation  of  guns  was  declared  unconstitutional  by  the  supreme  court 
the  State  in  the  case  of  McConnell  v.  MeKillip  (99  N.  W.,  505). 

In  South  Dakota  guns  and  dogs  used  in  killing  game  contrary 
law  may  be  seized  and  sold,  the  proceeds  to  be  paid  into  the  county  gai 
fund;  in  Maine  guns  of  unlicensed  aliens  who  are  found  hunting  may  be 
seized  and  sold;  and  in  Ohio  guns  and  boats  may  be  seized  when  iwd 
illegally  and  upon  due  adjudication  by  a  competent  court  turned  over 
to  the  commissioners  of  fisheries  and  game  to  be  sold  and  the  proceeds 
placed  in  the  State  treasuiw  to  the  credit  of  a  fund  to  be  used  b}T  the 


: 


I  VII. 


SI  izri:i    Of    ii  iii,  \i     \  i  -i  -i  i  \\< 

commissioners  for  the  purpose*  of  game  protection.  Wisconsin 
declares  the  following  public  nuisances:  Nets  spread  upon  or  under 
:m\  waters  of  the  State  which  might  ensnare  wild  fowl;  anj  trap, 
snare,  spring  gun,  set  gun,  or  device  which  might  entrap  or  kill 
:in\  protected  game  or  birds;  boats,  lamps,  and  lights  used  in  unlaw 
ful  pursuit  of  game;  anv  pivot  or  swivel  gun  or  any  firearm  not  habit 
ualh  held  at  arm's  length  and  discharged  from  the  shoulder  when  in 
unlawful  use;  :in\  boat,  floating  raft,  box,  or  Mind  sel  in  open  water 
or  outside  a  natural  growth  of  grass  sufficiently  high  to  conceal  the 
same  or  an  artificial  Mind  set  in  open  water  for  the  unlawful  pursuit 
and  hunting  of  ducks,  geese,  and  brant;  decoys  set  in  close  season  for 
waterfowl  or  more  than  200  feel  from  cover*  And  the  statute  also 
pro>  ides  that 

The  unlawful  use  of  anv  of  the  articles  mentioned  in  this  Bection,  contrary  to  the 
provisions  of  law,  shall  forfeit  the  same  to  the  State,  and  upon  their  being  found 
under  any  of  the  conditions  which  shall  render  them  public  nuisances  as  specified 
herein  they  may  !>»■  immediately  destroyed. 

In  Pennsylvania  all  officers  charged  with  the  duty  of  protecting 
game  have  the  power  to  seize  guns  and  shooting  paraphernalia  belong- 
ing to  nonresidents  and  unnaturalized  foreign-born  residents  hunting 
without  license,  and  to  hold  them  subject  to  payment  of  the  line 
and  costs.  At  the  expiration  of  live  days,  if  the  line  still  remains 
unpaid,  they  are  authorized  to  advertise  them  for  sale  and  sell  them 
ten  day-  after  9uch  date  and  apply  the  proceeds  to  payment  of  costs 
and  penalty,  [f  there  be  an  amount  in  excess  of  these  charges  it  Is 
returned  to  the  owner  of  the  property.  It  is  customary  in  some  states 
to  add  a  provision*  in  the  law  exempting  officers  from  liability  for 
searches  and  seizures,  even  for  wrongful  seizures.  Thus,  Illinois  pro- 
vides in  the  game  law  of  L903: 

24.  The  stair  game  commissioner,  game  wardens  and  deputy  wardens  -hall  not 
be  liable  for  any  damage  or  costs  sustained  by  any  persons  or  corporations  by  reason 
of  the  wrongful  seizure  of  game,  deer,  wild  fowl,  or  birds  under  this  act. 


PROSECUTIONS. 
WIIo    MAY    PROSECUTE. 

Ordinarily  any  person  may  institute  a  prosecution  for  the  violation 

of  the  game  laws  without  the  consent  or  sanction  of  an  officer.  In 
Illinois  and  Nebraska  it  is  specifically  provided  in  the  game  law  that 
prosecutions  may  be  brought  by  any  person  in  the  name  of  the  State 
but  in  New  Jersey  proceedings  for  recovery  of  penalties  under  the 
game  laws  can  be  brought  only  by  the  fish  and  game  protector,  or  a 
fish  and  game  warden,  police  officer,  constable,  or  member  of  an  incor- 
porated fish  and  game  protective  association.  In  New  York  actions 
for  penalties  under  the  game  laws  must  be  brought  on  the  order  of  the 
forest,  fish,  and  game  commissioner,  except  that  private  persons,  upon 
giving  security  for  costs,  and  societies  or  corporations  may  recover 
penalties  in  their  or  its  own  name  if  notice  of  the  institution  of  such 
action  be  given  the  commissioner  or  chief  game  protector  within  fif- 
teen days  after  service  of  the  summons.  In  Ohio  prosecutions  by 
wardens  or  police  officer-  for  offenses  not  committed  in  their  presence 
can  be  instituted  only  upon  the  approval  of  the  prosecuting  attorney 
or  under  direction  of  the  attorney-general.  Oregon  and  Tenn< 
declare  that  prosecutions  for  violation  of  certain  provisions  of  their 
game  laws  ///  ust  be  brought  on  the  order  of  the  Stafe  warden.  Whether 
this  excludes  others  from  instituting  prosecutions  or  not  is  uncertain. 
In  Michigan,  Oklahoma.  Texas,  West  Virginia,  and  Wisconsin  the 
State  game  wardens  may  make  complaint  and  cause  proceedings  to  be 
commenced  without  the  sanction  of  the  prosecuting  attorney  and  they 
need  not  furnish  security  for  costs.  They  are  authorized  to  appear  in 
any  court  in  any  case  and  prosecute  it  in  the  same  manner  and  with 
the  same  authority  as  the  prosecuting  attorney. 

ATTORNMS. 

In  some  States  no  general  provision  ha<  been  made  for  an  attorney 
to  prosecute  offenders  in  the  inferior  courts,  and  in  such  cases  unless 
an  attorney  voluntarily  tenders  his  services  or  is  employed  by  the  war- 
den or  private  parties  the  justice  or  magistrate  before  whom  the  case 
is  pending  must  conduct  the  State's  prosecution.  This  often  results 
in  a  miscarriage  of  justice  and  offenders  escape  the  punishment  pre- 
scribed by  statute.  To  meet  this  difficulty  Colorado.  Idaho.  Illinois 
Minnesota,  Maine.  Montana.  Nebraska,  Oregon,  and  a  few  othei 
States  have  inserted  in  their  game  laws  a  provision  requiring  the 
60 


MODI     OP  ACCU8ATU  61 

prosecuting  attorneys  to  conduct  game  caw  for  ili<'  Stnt<  I  >me 
of  these  Stated  the  prosecuting  attorneys  are  required  to  institute  the 
prosecution  whenever  thej  receive  information  or  have  pei  sonal  know] 
edge  of  the  offense.  The  Kansas  game  hvn  authorizes  the  magistrate 
having  proper  jurisdiction  to  employ  an  attorney  to  conduct  the  pi 
cution,  ti| >< >ti  neglect  or  refusal  of  the  proper  prosecuting  officer  t<>  do 
so,  and  directs  that  such  attorney  shall  receive  a  Pee  of  $10,  to  be  taxed 
as  costs  against  everj  com  icted  defendant. 

The  game  commissions  and  State  wardens  very  generally  have  r< 
larl\  employed  attorney  s,  even  in  the  absence  of  special  authorization, 
a-  only  a  few  States  make  provision  for  such  officers.  The  Minnesota 
commission  is  empowered  to  employ  an  attorne}  or  attorneys  to  per- 
form -iuli  legal  services  as  may  be  required,  and  such  attorney  is 
required  to  appear  for  the  commission  in  any  civil  action  in  which  it 
or  its  wardens  may  be  officially  interested,  and  he  may  assist  the  county 
attorney  in  all  criminal  prosecutions,  or,  when  for  any  reason  the  county 
attorney  does  not  act,  may  conduct  the  prosecution  with  the  same 
authority  as  that  officer.  His  compensation  is  paid  from  the  funds 
provided  for  enforcement  of  the  act.  The  forest,  fish,  and  Maim-  com- 
missioner of  New  York  is  authorized  by  the  game  act  to  emploj  neces- 
Bary  counsel  in  his  office  and  to  appoint  an  attorney  to  represent  the 
department  in  the  prosecution  or  defense  of  any  proceeding  brought 
under  the  game  law.  The  compensation  of  these  officers  is  paid  from 
the  genera]  treasury.  The  law  of  Wyoming  also  authorizes  the  State 
game  warden,  when  he  deems  it  necessary,  t«»  employ  an  attorney. 
whose  compensation  is  to  be  paid  from  the  State  game  fund,  to  prose- 
cute violators  of  the  game  law  -. 

MODE   OF   ACCU8AT*  >N. 

Aii  indictment  i-  a  written  accusation  presented  by  a  grand  jury  to 
a  competent  court,  charging  a  person  with  the  commission  of  a  crime. 
An  information  i-  a  written  statement,  usually  under  oath,  by  a  prose- 
cuting attorney  on  behalf  of  the  State,  charging  a  person  with  the 
commission  of  a  crime.  A  complaint  or  affidavit  (for  the  purposes  of 
a  prosecution)  i-  a  statement  under  oath,  made  by  any  person,  charg- 
ing another  with  the  commission  of  a  crime. 

These  are  the  mode-  of  accusation  in  use  in  criminal  law.  though,  as 
elsewhere  stated  in  thi-  bulletin,  a  few  of  the  State-  enforce  their 
game  law-  or  certain  feature-  of  them  by  a  proceeding  in  the  nature 
of  a  civil  suit  for  the  recovery  of  penalties. 

Which  one  of  the  mode-  is  appropriate  in  any  particular  case 
depend-  upon  statutory  regulation  and  the  character  of  the  offense, 
and  both  of  these  differ  widely  in  the  several  Mate-.  Indictment  lies 
for  offenses  of  tin-  graver  sort,  those  punishable  with  imprisonment  in 


62  GAME  com  missions  and  wardens. 

the  State  prison  or  for  long  terms  in  a  county  jail,  and  is  the  mode 
most  frequently  adopted  in  cases  cognizable  by  courts  of  general 
jurisdiction  and  in  the  Federal  courts. 

At  common  law  an  information  was  allowed  only  in  cases  of  misde- 
meanor, but  in  the  United  States  the  practice  is  not  uniform,  and  the 
constitution  and  statutes  of  each  State  must  be  consulted  to  determine 
where  and  under  what  circumstances  and  in  what  prosecutions  it  lies. 
In  man}'  States  and  instances  indictment  and  information  are  concur- 
rent remedies,  and  either  mode  may  be  pursued.  Where  such  is  the 
case,  information  seems  to  be  the  most  expeditious  and  satisfactory 
remedy.  But  this  latter,  like  an  indictment,  is  usually  confined  to 
prosecutions  of  which  the  superior  courts  entertain  jurisdiction. 

Complaints  and  affidavits  are  the  usual  modes  of  procedure  before 
justices  of  the  peace  and  other  inferior  courts  exercising  limited  juris- 
diction. As  offenses  against  the  game  laws  are  ordinarily  misde- 
meanors and  triable  by  such  courts  this  mode  of  accusation  is  the  one 
most  commonly  employed. 

The  maximum  fine  and  term  of  imprisonment  prescribed  for  a  vio- 
lation of  the  game  law  ordinarily  determine  what  court  has  jurisdic- 
tion of  the  offense,  and  consequently  what  mode  of  accusation  is 
appropriate. 

STATUTES   OF   LIMITATION. 

At  common  law  a  person  committing  a  crime  can  be  punished  at 
any  time,  no  matter  how  great  the  period  intervening  between  the 
commission  of  the  offense  and  his  apprehension.  But  it  is  the  policy 
in  this  country  to  set  at  rest  criminal  charges  after  the  lapse  of  a 
specified  time.  With  the  apparent  exceptions  of  South  Carolina  and 
Wyoming,  every  State  has  assigned  a  time  within  which  a  criminal 
action  must  be  commenced;  otherwise  the  defendant  can  not  be  legally 
convicted.  The  statute  usually  begins  to  run  from  the  commission  or 
consummation  of  the  offense,  but  in  a  few  States  it  runs  from  the  time 
of  discovery  of  the  crime.  A  general  statute  ordinarily  controls  this 
subject,  but  the  limitation  is  specifically  prescribed  by  the  game  law 
in  Illinois,  Michigan  (certain  offenses),  Minnesota,  Pennsylvania  (cer- 
tain offenses),  Rhode  Island  (certain  offenses),  and  South  Dakota  (offenses 
concerning  small  game).  A  comparison  of  such  limitations  shows  the 
average  time  to  be  one  }Tear.  California,  Colorado,  Montana,  and 
Wyoming  make  violation  of  certain  provisions  of  their  game  laws, 
felonies,  and  in  the  first  three  States  this  has  an  important  bearing 
upon  the  limitation  of  the  prosecution.  Felonies  in  California  and 
Colorado  may  be  prosecuted  within  three  years,  and  in  Montana  within 
five,  whereas  in  California  and  Montana  mere  misdemeanors  are  barred 
after  one  year  and  in  Colorado,  after  a  year  and  a  half.  The  offenses 
which  are  declared  felonies  by  the  game  laws  in  these  States  are  as 


KTAT1    I  l  >    "l      LIMITATION 


follows:  California,  killing  elk;  Colorado,  killing  buffalo;  Montana, 
shooting  or  killing  moose,  caribou,  or  buffalo  at  anj  time  or  deer, 
aiih-lt »!»<•.  oik,  goat,  or  sheep  in  close  season,  exceeding  the  bag  limit 
on  these  animals,  and  hunting  without  license  b>  nonresidents;  Wyom 
ing,  killing  or  catching  buffalo,  or  removing  them  from  the  State,  and 
killing,  capturing,  or  destroying  big  game  solelj  for  their  heads, 
antlers,  horns,  or  tusks. 

Ii  frequently  happens  that  persons  \\  1 1  < >  violate  the  criminal  laws 
leave  the  State  immediately  or  before  the  expiration  of  the  time  within 
which  the  prosecution  must  ordinarily  be  commenced.  If  no  ex< 
tioii  to  the  running  of  the  statute  were  made  t<>  meet  such  < 
offenders  might  return  t<>  the  Stafee  in  security  after  the  usual  limit  of 
time  bad  expired.  To  avoid  this  contingency,  it  is  now  verj  gener- 
ally, if  not  universally,  provided  that  the  time  <>f  absence  <>f  the 
defendant  from  the  Stair  shall  not  be  counted  as  part  of  the  period  of 
limitation.  The  laws  of  some  States  contain  other  exceptions  also,  as 
when  the  defendant  conceals  himself,  is  a  nonresident,  or  practices 
some  fraud  upon  the  officers  of  the  law. 

The  following  table  is  intended  to  present  in  compact  form  the 
periods  of  limitation  applicable  to  prosecutions  and  actions  for  viola- 
tions ^i  the  game  law  s: 

Tim >  within  which  Criminal  Prosecutions  and  ('i'i/  Actions  for  Violation  of  Game   Laics 

must  h  '"man  need. 


- 


Criminal  prosecution. 


Civil  action. 


Alabama l  year  in  the  circuit,  county,  orcit) 

courts. 

of  I'.'.e  peaci  . . 


of 


60  days  before  jusl 

Alaska 3  years  a 

Arizona 2  years 

Arkansas 1  year 

California 3  years  (felony)  

;  year  (misdemeanor) 

Colorado 3  years  (felony) 6  years  for   possession    or    valu 

game. 

l ;  years  |  misdemeanor) 

Connection!  I  year 

Delaware 2  years 

District  of  Columbia...    3  years  a 

Florida 2  years 

Georgia 'J  years 

Idaho l  year 

Illinois  6  months 2 )  cars,  action  of  debt  for  reco>  ery  of 

penalty  under  license  section. 

Indiana 2  years 

Indian  Territory 3  years  a 

Iowa 3  years 

1  year  before  justice  of  the  peace 
(fine  not  exceeding  1100  or  im- 
prisonment 30  daj  e  . 

Kansas •_'  years 

Kentucky 1  year 

Louisiana * 1  year 

Maine <;  years 2 y< 

Maryland 1  year 

Massachusetts 6  years 

Michigan 6  years 

1  year  for  violations  of  secs.5804     - 
Comp.  Laws  of  1897.6 
Minnesota 2  years 

"  Under  Federal  statutes. 

b  Prohibiting  possession  or  capture  for  export  of  fish  or  game,  and  sale  of  quail,  partridge  or  wood- 
cock, 


64 


GAME    COMMISSIONS    AND    WARDENS. 


Thru   within  which  Criminal  Prosecutions  and  Civil  Actions  for  Vtolation-of  Ganu  Taiws 
must  be  comnu  need — ( Continued. 


St  ite. 


Criminal  prosecution. 


Civil  action. 


Mississippi 
Missouri  . . 

Montana  .. 


2  years 

1  year 

•">  years  ( felony) -J 

l  year  (misdemeanor) '' 


Nebraska 

1  {  years  

l  year  o'me  not  exceeding  $100  or  im- 
prisonment ::  months  |. 

1  year,  action  for  recovery  of  penalty 
imposed  apon  common  carriers 
illegally  transporting  game. 

l   year  (fine  not  exceeding  WOO  or 

imprisonment  <">  months  I. 

New  Jersey 

2  yea  rs 

New   Mexico 

■2  years 

2  years 

1  year  where  whole  or  part  of  penalty 
is  allowed  person  prosecuting  for 
same.    2  years,  by  the  State. 

North  Carolina 

2  years 

North  Dakota 

"  years 

Ohio 

Oklahoma 

3  years 

i 

Pennsylvania 

l  year 

Rhode  Island 

•J  years  <  tine  to  the  State) 

tor  |. 

90  days,  for  violations,  as  to  birds 

South  Dakota 

1  year  small  game 

3  vears.  big  game 

Tennessee 

1  vear  

Texas  

2 vears  

Utah 

:'>  years 

2  vears.  before  a  justice  of  the  peace . . 

Vermont 

Virginia  

West  Virginia 

Wisconsin 

1  vear 

3  vears ■ 

SEPARATE    OFFENSES. 


The  practice  of  making  a  violation  of  law,  as  to  each  individual 
animal  or  bird  or  each  unlawful  act  or  omission,  a  separate  offense, 
and  punishable  as  such,  is  so  general  at  the  present  day  that  scarcely  a 
State  fails  to  include  it  in  some  part  of  its  game  law.  The  provision 
has  much  to  commend  it.  especially  where  the  policy  of  the  State  is  to 
inflict  small  lines  or  short  terms  of  imprisonment.  Under  the  laws 
of  North  and  South  Carolina  each  day  that  a  nonresident  hunts  with- 
out a  license  is  declared  a  separate  offense. 

The  New  York  scheme  of  penalizing  the  offense  and  adding  a  penalty 
for  each  bird  or  quadruped  constituting  the  subject  of  the  violation  is 
the  same  in  effect  and  so  is  the  scheme  adopted  by  several  States  of 
affixing  a  stated  fine  for  each  bird  or  animal  in  respect  to  which  the 
offense  was  committed,  however  the  procedure  in  the  three  cases  may 
differ  as  to  the  number  of  complaints  or  indictments.  In  the  first  case 
as  many  prosecutions  may  be  instituted  as  there  are  individual  birds  or 
animals  involved  in  tin;  violation,  and  this  has  reference  rather  to  pro- 
cedure, while  in  the  last  two  cases  only  one  indictment  or  action  lies. 


I'lAI      I  \  ll-l    ■ 

ln»w i-\  it  iii:iii\  the  individual  birds  or  animal*  involved  in  the  viola 
tion,  and  this  has  reference  more  to  the  degree  of  punishment  to  be 
inflicted.  These  schemes  of  punishment  have  not  escaped  attack  in 
the  courts  u | k>ii  alleged  constitutional  grounds,  but  it  may  *afel}  be 
ted  that  there  is  no  longer  anj  doubt  that  the  provisions  are  valid 
and  constituf  ional. 

In  September,  LJHJ3,  one  Poole,  of  Jackson  County,  Minn.,  bad  in 
his  |x)»ession  for  purposes  of  sale  2,000  wild  ducks,  in  violation  of 
the  game  law  of  that  State.  He  was  indicted,  tried,  and  convicted 
under  that  section  of  the  game  law  which  declared  that  an\  person 
having  in  his  possession  with  intent  to  sell  an}  wild  duck  should  be 
punished  l»\  a  tine  of  not  less  than  $10  or  more  than  $25,  or  by 
imprisonment  for  not  less  than  L0  or  more  than  30  days,  for  each  and 
every  duck  so  possessed.  The  court  imposed  a  fine  of  $20,000  upon 
Poole,  with  the  alternative  that  he  be  imprisoned  until  the  fine  was 
paid,  but  not  longer  than  200  days.  From  this  sentence  Poole  appealed 
to  the  supreme  court  of  the  State,  urging  among  other  grounds  for 
iv\  ersal  of  the  judgment  that  the  statute  was  unconstitutional,  because 
it  was  in  violation  of  that  part  of  the  State  constitution  which  pro- 
hibited the  infliction  of  excessive  fines  or  cruel  and  unusual  punish- 
ments. The  defendant's  contention  was  overruled  and  the  sentence  of 
the  lower  court  affirmed.  In  disposing  of  the  case  Chief  Justice 
Start,  who  wrote  the  opinion,  remarks: 

If  the  penalty  were  not  graduated,  s<>  that  the  greater  the  offense  the  greater  the 
panishment,  the  statute  would  invite  its  own  defeat.  It  would  be  absurd  to  punish 
the  unlawful  possession  of  2,000  or  more  birds  on  the  basis  of  one.  *  *  *  So.  in 
it-  lasl  analysis,  the  fines  imposed  in  this  case  are  seemingly  excessive,  not  by  reason 
of  the  statute  but  by  reason  of  the  magnitude  of  the  often-.-.  The  fault  is 

theirs,  not  that  of  the  statute. 

In  a  few  States,  where  each  bird  or  animal  is  made  the  subject  of  a 
Beparate  offense,  in  order  to  obviate  the  necessity  of  filing  a  separate 
indictment  or  complaint  for  each  one,  it  is  provided  that  two  or  more 
offenses  may  be  charged  in  the  same  complaint,  information,  or  indict- 
ment; and  it  is  further  provided  in  Alabama,  Colorado,  and  Nebraska 
that  violations  as  to  any  number  of  animal-  or  birds  of  the  same  kind 
may  be  charged  in  the  same  count  and  punished  as  a  separate  offense 
as  to  each  animal  or  bird. 

SPECIAL    EVIDENT  B, 

The  defendant  having  been  arraigned  that  is,  required  to  state 
whether  or  not  he  i-  guilty  of  the  charges  alleged  in  the  affidavit, 
complaint,  information,  or  indictment,  as  the  case  may  be  and  answer- 
ing not  guilty,  it  devolves  upon  the  prosecution  to  prove  the  charges  by 

State  v.  Poole,  100  N.  W..  647. 


60 


GAME    COMMISSIONS    AND    WARDENS. 


the  production  of  evidence.  Experience  has  shown  the  impossibility 
or  extreme  difficulty  of  proving  the  details  of  some  crimes  by  direct 
evidence:  hence  the  provision  so  frequently  found  in  criminal  statutes 
declaring  that  certain  facts  or  conditions  connected  with  the  subject 
of  the  statute  shall  he  prima  facie  evidence  of  certain  acts  that  are 
unlawful  or  of  a  violation  of  law.  The  effect  of  the  provision  is  to 
cast  upon  the  defendant  the  burden  of  proving  that  he  is  not  guilty 
of  the  acts  charged  against  him.  A  review7  of  the  game  laws  of  all  the 
States  demonstrates  how  extensively  this  provision  has  been  adopted. 
Were  it  not  so,  many  violations  would  remain  unpunished.  The  pro- 
vision is  often  inserted  in  a  statute  which  grants  to  the  person  some 
privilege  in  derogation  of  the  policy  of  the  State,  where  it  serves  as  a 
safeguard  against  the  abuse  of  such  privilege  and  relieves  the  State  of 
the  burden  of  proving  that  the  act  done  or  suffered  does  not  come 
within  the  privilege.  Thus,  in  South  Carolina,  while  the  sale  of  domes- 
tic quail  is  prohibited,  imported  quail  may  be  sold;  but  possession  or 
sale  of  such  imported  birds  is  prima  facie  evidence  of  violation  of  law, 
and  the  statute  casts  upon  the  person  handling  quail  the  burden  of 
proving  that  they  were  imported.  (Acts  of  1906.  No.  53,  sec.  1.)  The 
numerous  and  diverse  acts  and  conditions  which  have  been  declared 
prima  facie  evidence  of  violation  of  the  game  laws  are  shown  in  the 
following  table: 

What  constitute*  Prima  Facie  Evidence  of  Violation  of  the  fiame  Lairs. 


State. 


Alabama . 
Arizona . . 

California 
Colorado . 


Facts. 


Possession  of  artificial  light  while  hunt- 
ing. 

Possession  of  game  which  does  not  show 
evidence  of  having  been  taken  other- 
wise than  by  net,  snare,  trap,  or  pound. 

Possession  of  game  which  does  not  show- 
evidence  of  having  been  taken  other- 
wise thai:  by  net.  pound,  cage,  trap, 
set  line,  wire,  or  poisonous  substance. 

Possession  of  game  unaccompanied  by 
proper  and  valid  license,  certificate, 
permit,  or  invoice. 

Mention  of  game  on  menu  of  hotel,  res- 
taurant, cafe,  or  boarding  house. 

Possession  of  game  in  the  field 


Prima  facie  (or  presumptive*) 
evidence  that— 


Connecticut 


Delaware 


Georgia 


Pamphlet  of  game  laws  and  regulations, 
published  by  the  State  game  and  fish 
commissioner. 

Possession  of  quail,  partridge,  and  wood- 
cock in  close  season. 

Reception  by  person  or  common  carrier 
of  quail,  grouse,  or  partridge,  and 
woodcock  for  shipment  in  unmarked 
package  or  addressed  to  a  point  out  of 
the  state. 

Possession  by  trespasser  of  gun,  dog,  fer- 
ret, or  fish  rod. 

Possession  of  wild  fowl  by  person  who 
has,  at  the  same  time,  a  swivel  or  punt 
gun.  or  is  on  the  water  at  night  with 
artificial  light. 

Possession  of  game  or  eggs  of  protected 
birds  When  arrest  made  for  violation 
of  law. 

*  Presumptive  evidence. 


Possessor  used  it  in  hunting  deer. 
Possessor  so  took  it. 

Possessor  so  took  it. 


It  was  unlawfully  taken   and  is 
unlawfully  held. 

The  proprietor  has  it  in  possession. 

i  Possessor  is  or  has  been  engaged 
within  a  year  in  hunting  it. 
That  such  laws,  rules,  and  regula- 
tions are  in  force  in  the  State. 

They    were    illegally    taken    by 

possessor. 
They  were  killed  in  the  State  for 

purpose  of  export. 


Possessor  intends  to  hunt  or  Qsh 

on  the  land. 
They  were  killed  by  such  person 
with  such   illegal   devices,  and 
of  unlawful  hunting. 


Law  has  been  violated, 


l»K!M  \     I   \«   M.    I  \  H'l  Nt'E. 


I!  / 


■ 


■ 


linn 


Kan 


Man  laud  a. 


.  i  i  rr«  I .  quaJ 

«   pame  bj   com 
in..:  r  iraii-it   through  1 1 1  *  - 

State    from     without     during 

•  or  uongame  birds  bj 
an;  |  •  one 

u  bo  has  law  fulh    killed  Bame,  • 
Hungarian  pari  rlish,   Mon 

go) Ian,  or  Chinese  pheasant   in  i 
term. 
Possession  of  firearms  at  night  in  vicin- 
ity of  ducking  grounds  In  Merry-meet 
Ins  Ba>  or  "ii  Kennebec  River  -« »ut ii 
indolph  and  Gardiner  bridge. 
-M..11    of   firearms    by    unlicensed 
alien  <>n  wild  lands  <>r  In  woods. 
Transportation  of  moose  and  deer  con- 
trary to  l;iu  . 

hat  person  charged  with  hunting 
game  birds  at  night  was  at  it  about 
tiio  place  where  1 1 1 » -  shot  was  Bred, 
and  that  he  had  a  gun  In  his  pi 
ston  before,  at  the  time  of,  or  after  such 
shooting. 

or  disposition   of   l»is-r 
gun. 


Saiiu-  m 
i.r  killed  contra r 


n  \ lolated 


i  »r  i*  hunting  ducki 

trary  t->  law. 


intlng  contrary  n> 


law. 
They  were  killed  contrary  to 


such  person  Is  guilty. 


law. 


iis 


' 


on  of  quail  during  season  when 
billing  and  sale  arc  prohibited,  except 
under  btora  :e  permit. 
Possession  <>f  prairie  chicken  and  sharp- 
tailed  grouse. 


Gun    is    possessed,  Bold,  or 
posed  of  for  purpose  of  shooting 
or  killing  wild  fowl. 

Possessor  has  violated  some  pro- 
vision of  the   act  (cb 

ir   has   violated    the   act 
prohibiting  sale,  purchi 
possession  of  said  birds. 

ission  of  wood  duck Vet  prohibiting  hunting  of  said 

birds  has  been  violated. 
Constructing  or  setting  a  trap,  snare,  or 
net  adapted  to  taking  or  killing  game 
birds,  hares,  or  rabbits  upon  premises 
frequented  l>y  them. 

"ion  of  a  ferret  in  place  where  rab- 
bits  or  hares  and  game  birds  might  be 
taken  or  killed. 

ssion  of  deer  killed  in  Massachusetts. 


Defendant    intended    to   tak«'    or 
kill  them  contrary  t<>  law. 


mot  has  used  it  con 
law. 


<v  cap- 


stan     Hindering   or   interfering    with 

warden  and  deputies  in  their  search  of 
persons  or  places  for  Qlicit  game. 

Possession  of  deer  in  red  coat  and  fawn 
in  spotted  coat. 

Wearing  or  possession  of  artificial  light 
in  the  wood-. 

Proof  of  possession  of  dead  body,  carcass, 
or  skin,  or  any  part  thereof.  t>i  game  in 
close  season. 

Possession  or  control  of  game 

Whenever  it  i-  proven  that  game  was 
killed  outside  of  Michigan. 


ssion  or  control  of  game 




Montana Possession 

Poss 


n  of  game  in  close  season  unac- 
companied bj  tag  of  the  commission. 


Poss*  ssor  killed,  caught, 
tured  it  contrary  to  law- 
Law  has  been  violated  by  person 
so  doing. 

Law   prohibiting  killing  of  such 

game  has  been  violated. 
Deer  have  been  hunted  illegally. 

Game  was  killed  in  cloa 


It  was  killed  in  Michigan. 

It  was  taken,  killed,  or  exported 
contrary  to  laws  of  State  where 
killed  or  taken. 

It  was  the  property  of  tl 
at  the  time  it  was  caughl  or 
killed:    and    it    was   caught  or 
killed  in  Minnesota. 

It  was  taken  or  killed  in  close 
season.  — 


Wearing  artificial  li^ht  on  the  head Deer  have  been  hunted  illegally. 


Nebraska 


f  dead  bodieSor  partsof  game. 
if  gun  in  fields  or  for 
on  or  about  the  waters  of  the  State  by 
unlicensed  nonresident. 
Possession  of  game  and  song  i>irds  un- 
accompanied by  proper  and  valid 
license-  certificate,  permit,  or  invoice. 


-    r  killed  the  same. 
Law  has  been  violated. 


Capture  or  p 
lnl. 


*  Presumptive  evidence. 

/'  In  addition  to  this  general  law.  certain  acts  are  declared  to  he  prima  facie  evidence  of  violation 
of  law  under  several  of  the  county  law-. 

4:;r,s     No.  28— 07 -•; 


68 


GAME    COMMISSIONS    AND    WARDENS. 


What  constitutes  Prima  Fadi  Evidence  of  Violation  ofiht  Garm  Laws — Continued. 


State. 


Fact-. 


Prima  facie  (or  presumptive*; 
evidence  that— 


Nebraska Possession  of  game  and  song  birds  dur- 
ing close  Beason  for  shipment  or  in 
transit. 
Mention  game  on  menu  of  hotel,  restau- 
rant, eaie.  or  boarding  house. 

New  Hampshire Possession   of  carcass,  hide,  or  part  of 

moose,  caribou,  elk,  or  fawn  at  any 
time,  or  of  more  than  2  deer  in  open 
Beason  or  of  any  deer  or  other  game 
animal  in  the  close  season. 

New  Jersey P<  asessi<  »n  of  deer  and  waterfowl  in  close 

season. 

New  York Possession  of  deer  or  venison  from  Nov. 

15-24. 
Possession  of  flesh  or  portion  of  moose, 
elk,  caribou,  and  antelope  in  open  sea- 
son for  deer. 
Po^se-sion  of  grouse  and  woodcock,  ex- 
cept under  bond. 
Possession  or  sale  of  woodcock,  grouse, 
and  quail  in  December. 

North  Carolina Reception  by  person  or  corporation  of 

quail,  pheasants,  turkeys,  snipe,  wood- 
cock, and  nongame  birds  for  shipment 
to  point  beyond  the  State. 

Ohio Finding  of  any  gun.  net,  seine,  boat,  trap. 

or  other  device,  set.  maintained,  or  in 
use  in  violation  of  law. 
Finding  of  birds  or  game  unlawfully  in 

possession  of  any  person. 
Reception  of  game  and  birds  for  ship- 
ment to  point  out  of  the  State. 

Oklahoma Possession  or  control  of  game  and  birds. . 

When  shown  that  game  was  caught  or 
killed  out  of  the  Territory. 

Resisting,  hindering,  or  interfering  with 
wardens  in  their  search  of  persons 
or  places  for  evidence  of  violation  of 
law. 

Oregon Possession  of  game  and  birds  in  close 

season,  unless  kept  for  scientific,  breed- 
ing, or  exhibition  purposes,  or  as  pets. 
Hindering  or  interfering  with  State 
game  and  forestry  warden  in  his  search 
of  persons  or  places  for  evidence  of 
violation  of  law. 

Pennsylvania Possession  of  game,  fish,  skin,  carcass  or 

part  of  thereof  in  ciose  season. 
Possession  of  a  gun  in  the  fields,  forests, 
or  on  waters  of  the  State  by  unnatural- 
ized foreign-born  resident  or  a  nonresi- 
dent who  has  no  license. 
Possession  of  body  or  skin,  or  part  there- 
of, of  game  animal  or  bird  except  in 
open  season  and  15  days  thereafter. 
jsslon  of  anv  bird  in  close  season 


Rhode  Island  . . 
South  Carolina 


Law  has  been  violated. 


The  proprietor  has  it  in  possession. 

Possessor  hunted  and  killed  the 
same  contrarv  to  law. 


South  Dakota . 


Possession  of  more  than  12  wild  fowl, 
killed  on  public  lands,  marshes,  and 
watercourses  by  a  person  who  has  no 
license  (when  one  is  required). 

Reception  of  game  for  shipment  out  of 
the  State. 

Handling,  possession,  control,  or  owner- 
ship of  quail,  turkey,  woodcock  or 
pheasant  sold,  offered  for  sale,  shipped, 
or  exported. 

Reception  by  person  or  corporation  of 
partridges/grouse,  wild  turkeys,  snipe. 
woodcock,  or  other  game  for  shipment 
to  points  outside  the  State. 

Possession  of  game  birds  by  person  or 
carrier. 

Possession  of  shotgun  and  dogs  ordi- 
narily used  for  li  tinting  game  birds,  out- 
side the  immediate  bounds  of  any  city, 
village,  or  town  from  July  1  to  Sept.  1. 

Finding  of  traps,  snares,  or  other  de- 
vices used  for  trapping  game  birds,  in 
possession  of  or  on  premises  of  any 
person. 

*  Presumptive  evidence. 


Possession  is  unlawful. 

*It  was  unlawfully  taken  by  pos- 
sessor. 

*Such  game  was  unlawfully 
taken  by  possessor. 

*They  were  taken  in  New  York. 

*They  were  unlawfully  taken  by 
possessor. 

They  were  killed  in  the  State  for 
purpose  of  export. 


Person  owning,  using,  or  making 
claim  to  same  is  guilty. 

Such  person  is  guilty. 

They  were  killed  in  Ohio  for  pur- 
pose of  export. 

They  were  killed  in  Oklahoma. 

It  was  caught,  killed,  or  shipped 
contrary  to  law  of  State  or  Ter- 
ritory where  killed. 

Law  has  been  violated  by  person 
so  doing. 


Possessor  took,  caught,  killed,  or 
possessed  same  in  county  where 
found  in  close  season. 

Law  lias  been  violated  by  person 
so  doing. 


Law  has  been  violated  by  pos- 
sessor. 

Law  has  been  violated  by  pos- 
sessor. 


Possession  is  unlawful. 


It  was  taken  or  killed    contrary 

to  law. 
Person  is  hunting  without  license 

and  contrarv  to  law. 


It  was  killed  in  the  State  for  sucl 
purpose. 

Law  has  been  violated  and  sucl 
birds  were  not  imported  froi 
another  State  or  Territory. 

They  were  killed  in  the  State  fc 
purpose  of  export. 


*Law  has  been  violated. 

Law  has  been  violated  or  an 
tempt  made  to  violate  it. 


Law  has  been  violated  or  an 
tempt  made  to  violate  it. 


PRIM  \     I    \<    I!      I  \  I  I  »1   M    I  . 


II 


I     ntinued. 


Suit):  I  I' «*i«»i      t  big  game,  or  purl*  I  I 

in  .  \  limit. 

Tennessee  1  icposurv  or  offt  i  quail 

.•f  guim1  or  birds 

sou 

I'tith                                                                       me  or  turds  in  Hose  si'u- 
Vermont Possession  ol  moose  or  caribou 


Virginia 


Washington. 


Wesl  Virginia 


Wyoming . 


Finding  ol  dogs  ol  kind  commonly  used 
to  hum  deer,  moose,  and  caribou,  and 
of  other  kinds  known  to  follow  such 
same,  In  act  of  hunting,  pursuin 
killing  deer,  moose,  <>r  caribou. 

ssion  of  firearm,  torch,  jack,  or  arti- 
ficial light  "ti  waters  of  "t  l  •  *  -  State  or 
Bhores  thereof  after  sundovi  n. 

Delivery  to  <>r  reception  by  any  person 
or  corporation  of  game  birds  lor  ship- 
ment out  of  Stale. 

ssion  of  game  by  common  carrier 
in  close  season. 
Possession  of  gun  larger  than  B  bore  and 
sneak  I >< >a t »,  nets,  trans,  reflectors,  or 
oilier  unlawful  appliances, 

ssion  of  game  or  parts  thereof  In 
clove  season. 

ssion  of  Mongolian  or  English 
pheasants,  except  for  propagation. 

—ion  or  >-ale  of  nongame  birds 

ssion  of  game,  except  number  of 
duck-,  geese,  brant,  and   Bnipe  per- 
mitted to  be  taken  in  November. 
Proof  of  possession  of  game  in  cloa 

von  or  sons  birds  at  any  time. 
Possessii  m  i  if  recently  kil  led  deeror  fresh 
deerskin,  wild  turkey. quail,  pheac 
or  ruffed  grouse  in  close  season. 
Reception  of  above  game  for  shipment 

to  point  outside  the  State. 

Exposure  for  sale  of  game  in  cloa 

son. 

Hindering  or  interfering  with  wardens 
in  their  search  of  persons  and  places 
for  evidence  of  violation  of  law. 

Possesion    of    tusks,   hides,    scalps 
horns  of  game  animals  in  exc< 
number  allowed  by  law. 

--ion   of  carcass,   skin.   BCalp,   ant- 
lers, and  tuvks  of  game  animals  in  ex- 
-  Of  number  allowed  to  be  killed. 


: 

inlaw  ful. 
1 1 1 1  y . 

Of  unlawful  taking,  killing,  or 

•  it  was  killed  in  Vermont  and 

contrary  t"  law . 
Mich  do  mltted  to  run 

at  large  in  the  foresl  and  so 

hunt. 


illy    hunting 
ducks. 

They  were  killed  and  are  possessed 
for  other  purpose  than  con- 
sumption within  the  state. 

*  It  was  taken  In  the  state  con- 
trary tO  law  . 

of  guilt  of  person  possessing  them 


!  0s»  s&or  is  guilty. 
Taking  or  post 


illegal. 


Defendant  i^  guilty. 

♦They  were  unlawfully  taken  by 
pOSS)  - 

Taking  by  possessor  was  Illegal. 

sor  killed  it. 


Same  were  killed  for  purpose  of 
export. 

Same    was   unlawfully    killed   or 

caught  in  West  Virginia. 
Person  so  doing  has  violated  the 

law. 

Wanton  and  malicious  waste,  and 
destruction  of  game  has  oc- 
curred contrary  to  law. 

•   has  exceeded  the  hag 
limit. 


•  Presumptive  evidem 

The  Colorado  provision  declaring  that  the  pamphlet  containing  the 
game  laws  and  regulations  published  by  the  State  game  and  fish  com- 
missioner "shall  be  prima  facie  evidence  and  shall  be  taken  as  such  in  all 
courts  of  this  State  of  the  existence  of  such  laws,  rules,  and  regulations," 
might  be  adopted  to  great  advantage  in  all  those  States  issuing  pamph- 
lets o\'  thf  game  laws,  since  it  would  dispense  with  the  necessityof  pro- 
curing a  copy  of  the  statutes,  which  are  not  always  readily  accessible. 

In  Kansas  it  is  unnecessary  in  any  prosecution  for  the  violation  of 
the  game  laws  "to  state  in  the  complaint  the  true  or  ornithological 
name"  of  a  bird  or  "to  state  in  the  complaint  or  to  prove  at  the  trial 
that  the  catching  or  killing  or  having  in  possession  <>i  any  wild  bird 
*  *  was  not  for  the  sole  purpose  of  using  or  preserving  it  as  a 
specimen  for  scientific  purposes." 

In  order  to  procure  evidence  of  violation  of  game  laws  the  game 
protectors  of  Pennsylvania  are  authorized  to  purchase  and  sell  any 


70  GAME    co.M  .MISSIONS    AND    WARDENS. 

game,  but  after  the  purpose  for  which  it  was  bought  hag  been  satisfied 
it  must  be  forwarded  to  the  nearest  hospital  for  the  use  of  the  inmates 
thereof. 

ruder  the  common  law,  and  in  conformity  to  constitutional  prohibi- 
tion in  most  if  not  all  the  States,  no  person  can  be  compelled  to  tes- 
tify against  his  will  in  any  criminal  proceeding  to  any  fact  that  may 
tend  to  convict  him  of  a  crime.  There  are  many  violations  of  the 
game  laws  that  could  not  be  punished  unless  testimony  of  participants 
in  the  violation  could  be  adduced,  and  the  protection  accorded  such 
persons  under  this  exemption  would  render  the  State  powerless  to 
procure  the  necessary  evidence  to  convict  were  the  law  to  go  no  fur- 
ther. But  several  States  have  incorporated  in  their  game  laws  provi- 
sions extending  exemption  from  punishment  to  any  witness  testifying 
to  facts  in  any  prosecution  against  another  which  might  be  used 
against  himself  in  a  prosecution  for  the  same  offense.  The  Minnesota 
and  South  Dakota  laws  contain  examples  of  such  provisions.  Other 
States  have  taken  a  more  advanced  position  and  declared  that  under 
the  game  laws  no  person  shall  be  excused  from  testif}Ting  in  any  pros- 
ecution on  the  ground  that  his  testimony  might  tend  to  incriminate 
him  or  subject  him  to  a  criminal  prosecution.  But  in  every  such  case 
the  statute  provides  that  such  testimony  shall  not  be  used  against  the 
witness.  Such  is  the  language  of  the  laws  of  Colorado.  Maine,  and 
New  Jersey.     The  Maine  statute  is  as  follows: 

In  any  prosecution  under  this  chapter,  any  participant  in  a  violation  thereof ,  when 
so  requested  by  the  county  attorney,  commissioners,  or  other  officer  instituting  the 
prosecution,  may  be  compelled  to  testify  as  a  witness  against  any  other  person 
charged  with  violating  the  same,  but  his  evidence  so  given  shall  not  be  used  against 
himself  in  any  prosecution  for  such  violation.     (Rev.  Stats.,  1903,  ch.  32,  sec.  59.) 

It  is  doubtful  whether  any  of  these  provisions  is  enforceable,  should 
a  witness  see  lit  to  claim  his  privilege,  for  the  reason  that  it  only 
restricts  the  State  so  far  as  using  his  testimonv  o-iven  at  the  trial  is 
concerned,  and  does  not  protect  him  against  subsequent  prosecution 
for  a  violation  of  the  game  law,  some  intimation  of  which  may  be 
given  by  his  examination.  To  be  valid  and  enforceable  such  a  provi- 
sion must  afford  absolute  immunity  against  future  prosecution  for  the 
offense  to  which  the  testimony  relates/'  The  Mew  York  game  law 
contains  a  provision  measuring  up  to  this  test,  which  is  as  follows: 

Sec  193.  *  *  *  A  person  called  for  the  people  and  so  testifying  shall  not 
thereafter  be  liable  to  indictment  or  conviction  for  the  violation  or  violations  of  this 
act  respecting  which  he  has  so  testified,  and  may  plead  or  prove  the  giving  of  such 
testimony  in  bar  of  such  an  indictment  or  conviction. 

A  very  wise  precaution  against  the  failure  of  a  prosecution  on 
account  of  insufficiency  of  evidence  to  establish  the  charge  of  an 
offense  as  to  an  entire  bird  or  animal  is  taken  in  several  States  by  the 
express  provision  in  the  game  law.  for  example,  that  of  Colorado,  that 

o  See  Counselman  v.  Hitchcock,  142  U.  S.,  547;  Brown  v.  Walker,  161  U.  S.,  591. 


i  i  \  71 

••  proof  as  i"  a  part  of  an  animal  shall  be  sufficient  to  sustain  8  charge 
as  t<>  the  whole  of  it."  The  contention  has  sometime**  been  made  that 
I  statute  simplj  prohibiting  tin-  possession,  Bale,  or  other  disposition 
<>f  certain  specified  birds  or  animals,  without  mention  of  the  parts 
thereof ,  could  n<>t  be  Invoked  against  b  person  dealing  in  heads,  horns, 
hide-,  flesh,  plumage,  or  anj  other  constituent  pan  of  game  or  birds, 
►viate  such  contention  and  set  the  matter  at  rest,  the  Colorado 
l>--.»\  ision  or  one  similar  thereto  should  be  inserted  in  every  game  law. 

!l\l  s. 

S  much  has  already  been  stated  in  reference  t<>  '  Fines,'  under  the 
heads  'Game  prelection  funds,' and  6 Separate  offenses,'  that  very  little 
remains  to  be  said  here. 

(  me  phase  of  the  subject,  however,  deserves  fuller  and  more  extended 
presentation.  A  number  of  cases  involving  the  game  laws  have 
to  tli*-  courts  of  last  resort  upon  the  ground  that  the  line  authorized  to 
be  inflicted  was  excessive  and  that  tin-  statute  was,  therefore,  in  con- 
travention of  that  clause  of  the  State  constitution  prohibiting  the  im- 
position of  excessive  fines.  The  courts  without  exception  in  these 
cases  have  sustained  the  law  and  have  held  the  following  fines  not  to 
Kcessive:  One  dollar  for  each  lobster  in  Maine  (State  v.  Craig,  L3 
Atl..  L29);  $5  for  each  lobster  in  Maine  (State  v.  Lnl.ee.  \:,  Atl.,  520); 
|o  for  each  prairie  chicken  in  Nebraska  (McMahon  v.  State,  '.'7  N.  \\\. 
:  |10  for  each  duck  in  Minnesota  (State  v.  Poole.  LOO  N.  W.,  647); 
s-j<»  for  each  bird  in  Rhode  Island  (In  re  Stone.  41  Atl..  658;  21  R.  L, 
Ih:  $50  to  $75  for  a  wild  duck  in  Wisconsin  (State  v.  DeLano,  l'*  V 
W.,  vmvi:  and  $100  for  each  deer  in  Minnesota  (State  v.  Rodman,  59 
X.  W\,  L098;  58  Minn..  393).  One  of  the  clearest  and  most  satisfac- 
tory expositions  <A'  this  question  is  found  in  the  case  of  State  v.  Rod- 
man (Minn..  L894),  59  X.  W.,  L098.  In  this  case,  which  involved  the 
unlaw  fid  possession  of  58  deer,  the  maximum  punishment  provided  by 
the  statute  was  a  tine  of  $5,800s  or  imprisonment  in  the  county  jail  for 
about  sixteen  year-.     In  the  course  of  it-  decision,  tin'  court  -aid: 

While  the  tines  imposed  are  certainly  large,  yet  we  can  net  Bay  that  they  are 

in  a  constitutional  sense.     A  large  discretion  i<  necessarily  vested  in  the 

iture  t<>  impose  penalties  sufficient  to  prevent  the  commission  of  an  offense,  and 

it  would  have  t.»  he  an  extreme  ease  t<>  warrant  the  courts  in  holding  that  the  consti- 

tutional  limit  had  been  transcended. 

Ten  year-  later  the  -ante  court  (the  supreme  court  of   Minnesota) 
as  already  explained  (see  p.  65)  sustained  the  lower  court  in  the  imposi- 
tion of  a  much  Larger  fine — $20,000 — for  having  in  possession  2, 
wild  duck-  with  intent  To  -ell  them. 

The  following  table  -hows  by  comparison  the  amount  of  line  and 
term  of  Imprisonment  imposed  by  statute  in  the  several  State-  for 
three  classes  of  offenses  killing  deer  and  quail  in  close  season,  and 
for  nonresidents  hunting  without  license: 


72 


GAME    COMMISSIONS    AND    WARDENS. 


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7-i  GAME    COMMISSIONS    AND    WARDENS. 

IMPRISONMENT. 

The  only  punishment  authorized  under  many  of  the  older  game  stat- 
utes was  a  tine,  and  if  the  defendant  was  impecunious  he  escaped  pun- 
ishment altogether.  A  very  considerable  proportion  of  offenders 
against  the  game  laws  are  of  this  class,  and  experience  has  demon- 
strated that  to  secure  obedience  the  alternative  corrective,  imprison- 
ment, niu^t  be  allowed;  otherwise  many  violations  go  unpunished. 

In  some  localities  it  is  very  difficult  to  secure  conviction  under  the 
game  laws  where  the  punishment  is  limited  to  imprisonment  alone. 
On  the  other  hand  such  laws  are  often  very  lightly  respected  when 
offenders  know  that  the  only  punishment  is  a  tine.  It  would  seem, 
therefore,  that  the  provision  in  the  penal  clause  of  the  game  law-  of 
most  of  the  States  authorizing  tine  or  imprisonment,  or  both,  is  the 
proper  scheme  of  punishment 

Some  statutes  declare  that  in  default  of  payment  the  defendant 
shall  be  imprisoned  till  the  line  is  paid  or  until  he  is  otherwise  legally 
discharged,  which  is  equivalent  to  the  requirement  that  he  be  held 
until  he  resorts  to  the  remedy  usually  provided  for  insolvent  convicts, 
that  is,  proof  of  his  inability  to  pay  the  fine.  Another  method  of 
enforcing  the  penal  clause  exists  in  a  few  States,  exemplified  by  Colo- 
rado, where  it  is  directed  that  no  person  upon  whom  a  line  is  imposed 
shall  be  discharged  therefrom  on  account  of  his  inability  to  pay  the 
fine,  but  must  be  imprisoned  one  day  for  each^/v  dollars  thereof.  It 
is  interesting  to  note  the  discrepancy  in  value  placed  upon  a  day's 
restraint  of  liberty.  At  the  other  extreme  from  Colorado  is  Arkan- 
sas, where  the  defendant  must  be  imprisoned  one  day  for  each  seventy? 
fivt  cuit*  of  the  line.  Still  another  form  obtains  in  some  States, 
where,  as  in  Florida,  the  alternative  of  imprisonment  if  fines  are 
not  paid  appears  as  a  general  statute  applicable  to  all  crimes. 

It  has  been  held  by  the  courts  that  when  a  person  is  sentenced 
to  pay  a  fine  and,  upon  default,  to  be  imprisoned  till  it  is  paid 
or  defendant  is  discharged  in  pursuance  of  an  enabling  statute,  such 
imprisonment,  even  if  fully  served,  does  not  satisfy  judgment  for  the 
fine,  but  such  judgment  remains  in  full  force  until  collected.  This  is 
so  by  the  game  statute  in  New  York.  Such  being  the  case  it  would 
seem  that  in  order  to  bring  the  case  to  a  finality  and  clear  the  records, 
the  Colorado  scheme  is  the  best. 

Among  the  cases  resulting  in  imprisonment  in  1906  may  be  men- 
tioned the  following:  In  Illinois  two  defendants,  each  of  whom  had 
killed  a  prairie  chicken,  were  committed  to  jail  for  10  days;  for  fail- 
ure to  pay  fines  one  defendant  was  committed  to  jail  for  killing  a  pheas- 
ant, three  for  hunting  without  a  license,  one  for  hunting  before  sunrise, 
and  one  for  killing  quail  out  of  season.  In  Michigan  two  defendants 
received  a  sentence  of  60  days  in  jail  and  fluorine  each  for  attempting 


l;l  u  \i;h-     I"    INFORM] 

to  Bhip  renison  .mi  of  the  State,  and  another  for  shipping  venison  t'» 
market.  In  Ne\i  Jersej  one  defendant  was  sentenced  for  todays  for 
illegal  possession  of  a  blue  jay,  and  another  LO  days  for  killing  one 
partridge.  In  North  <  arolina  one  defendant  \\  :i -  imprisoned  foi 
days  for  hunting  on  lands  in  Davidson  County  without  permission, 
[n  Oregon  one  offender  received  a  sentence  of  l_'  days  for  trapping 
beaver,  and  t  w » >  others  were  committed  to  jail  in  default  of  payment 
oi  tint—  for  killing  deer  out  of  season.  (Yearbook  I  .  >.  Dept. 
Agriculture,  L906,  pp.  535  536. ) 

-  i  8. 

A  general  statute  in  some  Stated  requires  individuals  instituting  a 
prosecution  to  give  security  for  costs.  The  object  of  the  requirement 
is,  of  course,  the  protection  of  officers  of  the  courts  against  loss  of 
their  fees  by  acquittal  of  the  defendant,  and  for  the  additional  pur- 
pose, in  many  cases,  of  forestalling  ill-advised  and  unfounded  pi 
cutions.  T<>  relieve  warden-  of  the  necessity  of  complying  with  this 
requirement  it  is  customary  to  insert  in  the  game  act  a  provision  mak- 
ing such  exemption,  winch  is  illustrated  by  the  following  statute  from 
the  laws  of  Montana: 

The  State  game  and  ti>h  warden,  the  deputy  game  and  fish  wardens,  and  the 
rial  deputy  game  and  fish  wardens,  may  make  complaint  and  cause  proceedings  1 
be  commenced  against  any  person  for  violation  of  any  of  the  laws  for  the  protection 
or  propagation  of  game  or  fish,  and  in  such  case  lie  shall  not  be  obliged  to  furnish 
security  foi  costs.       Laws  of  L901,  H.  B.  147.  Bee.  16.) 

Pennsylvania  has  a  special  statute  imposing  the  costs  of  prosecu- 
tion under  the  game  laws  upon  the  county,  in  cases  in  which  action 
is  brought  in  good  faith  by  any  officer  whose  duty  it  is  to  protect 
game  and  birds,  and  the  defendant  i-  acquitted  or  for  any  legal  cause 
foils  to  pay  the  cost-  (Laws  of  1903,  p.  213). 

REWARDS    TO    [NFORMERS. 

Under  early  game  laws  almost  the  only  provision  for  enforcement 
was  the  reward  offered  by  the  State  of  a  part  of  the  tine,  com- 
monly known  a-  a  moiety,  to  the  informer.  These  statutes  rarely 
omitted  this  provision,  hut  with  the  advent  of  game  wardens  the 
practice  ha-  gradually  fallen  into  disuse,  and  at  the  present  day  is 
retained  in  the  game  law-  of  comparatively  few  States.0  It  was 
never  a  success  in  this  country,  most  men  preferring  to  see  the  laws 
violated  rather  than  appear  a-  prosecuting  witnesses  against  their 
fellow-citizens.  Aside  from  sentiment,  such  a  course  was  often 
hazardous  t«>  the  property  and  even  the  life  of  an  informer.     There  is 


a  Several  of  the  counties  of  Maryland  still  adhere  to  the  practice.     Further  details 
an-  contained  in  the  table  on  page  37,  showing  the  special  disposition  of  hunting 

license  fees  and  lines. 


76  GAME    COMMISSIONS    AND    WARDENS. 

no  reason  why  the  provision  should  be  held  in  such  disrepute,  and 
since  the  purposes  of  game  laws  have  been  better  understood  and  their 
necessity  more  forcibly  demonstrated  by  the  rapid  depletion  of  game, 
an  inducement  of  this  character  should  accomplish  its  intended  pur- 
pose. Officers  of  the  law  usually  are  allowed  regular  fees  for  their 
work,  and  there  can  be  no  just  complaint  against  compensation  to  a 
private  citizen  who  temporarily  abandons  his  business  and  appears  in 
court  as  a  witness  against  the  willful  violator  of  a  public  statute. 

In  this  connection  it  should  be  noted  that  in  some  States  a  constitu- 
tional provision  requires  all  fines  to  be  paid  into  the  State  or  county 
treasury  to  the  credit  of  certain  designated  funds,  usually  the  school 
fund.  Before  incorporating  in  a  game  bill  a  provision  for  payment 
of  part  of  tines  to  informers  or  to  a  special  fund,  it  is  essential  that 
the  constitution  of  the  State  be  consulted.  It  may  be  that  a  divi- 
sion of  tines  is  authorized  by  some  special  wording  of  the  constitu- 
tion, as  where  it  is  directed  that  the  'net  proceeds*  of  fines  shall  be 
applied  to  certain  purposes.  This  question  has  arisen  in  the  courts, 
and  in  Nevada  (Ex  parte  McMahon,  26  Xev..  213  :  66  Pac,  291)  one 
provision  of  the  game  law  was  declared  invalid  because  it  allowed  the 
informer  part  of  the  line  when  the  constitution  declares  that  'all  tines 
collected  under  the  penal  laws  of  the  State  *  *  *  shall  be  and  the 
same  are  hereby  solemnly  pledged  for  educational  purposes  and  shall 
not  be  transferred  to  any  other  fund  for  other  uses.*" 

On  the  other  hand,  the  game  law  of  Wisconsin,  one  section  of  which 
directed  that  two-thirds  of  the  fines  collected  should  be  paid  to  the 
informer,  was  sustained  as  valid  against  the  contention  that  it  was 
unconstitutional  because  the  constitution  of  that  State  declared  that 
the  clear  proceeds  of  all  fines  collected  in  the  several  counties  for 
any  breach  of  the  penal  laws  shall  be  set  apart  as  a  separate  fund  to 
be  called  the  'school  fund.*  (State  v.  De  Lano,  49  X.  W.,  80S.)  The 
court  held  that  'clear  proceeds'  meant  the  amount  of  such  fines  left 
after  making  authorized  deductions. 

Under  the  Nebraska  game  law,  in  obedience  to  the  constitutional 
provision,  all  fines  collected  for  violation  of  the  game  law  must  be 
paid  into  the  school  fund,  but  the  corporate  authorities  of  any  county, 
city,  or  village  within  whose  jurisdiction  such  fines  shall  be  recovered 
are  required  to  pay  to  the  complaining  witness  out  of  the  general  fund 
an  amount  equivalent  to  one-half  the  fine  actually  recovered. 

A  novel  contention  relating  to  the  subject  of  payment  of  rewards 
to  informers  was  made  in  the  Illinois  case  of  Meul  /•.  People  (6-1  N.  E. 
1106),  where  the  defendant  insisted  that  the  game  law  was  invalid, 
because  one  section  directed  that  half  the  fine  be  paid  the  informer. 

«See  also  State  ex  rel.  Rodes  v.  Warner,  94  S.  W.,  962,  holding  that  fines  undei 
the  game  law  of  Missouri  mu<t  be  paid  into  the  county  school  fund. 


EFFECT    01     1:1  PJ   kLB.  T7 

and  that  such  direction  vested  in  the  informer  a  right  «>!'  which  he  could 
not  he  deprived  '»\  the  governor,  who, under  the  constitution,  had  the 
power  to  grant   reprieves,  commutations,  and  pardons  after  convic 
tion  for  all  offenses.     The  effect  of  such  disposition  of  fines,  it   was 
contended,  would  be  to  takeawaj  from  the  governor  this constitul 
authoritv.     This  contention,  however,  was  overruled  by   the  court. 
In  Georgia  it  has  been  held  that  where  bj  statutes  part  of  the  tip 
penalty  is  reserved  to  the  informer,  bis  right  thereto  becomes  bo  fai 
nested  upon  conviction  and  sentence  that   the  governor  can  not,  by 
pardon,  remit  that  part.     (Parrott  v.  Wilson,  51  <ia..  255.) 

Ajs  a  substitute  for  the  moiety  system  several  States  have  authori 
tin-  offer  of  specific  rewards  for  e\  idence  leading  t<>  conviction  in  cer 
tain  cases.  In  Kansas  the  act  protecting  antelope  contains  a  section 
declaring  that  a  person  giving  information  Leading  to  the  conviction 
of  anyone  for  a  violation  of  the  act  shall  be  entitled  to  a  reward  of 
|25.  Minnesota  authorizes  the  commission  to  pay  out  of  the  funds 
at  its  disposal  a  reward  of  $50  for  information  Leading  to  convict  ion 
in  respect  to  moose  and  caribou,  $25  in  case  of  deer,  and  $10  in  case 
of  birds.  Tin4  law  of  Wyoming  authorizes  the  State  game  warden 
to  pay  a  reward  <>\  $300  for  evidence  toconvict  any  person  of  hunting 
big  game  for  tusks,  heads,  horns,  or  antlers  and  allowing  the  carcass 
to  go  to  waste. 

REPORTS    OF    PROSECUTIONS. 

In  order  that  game  officials  may  know  the  progress  of  protection 
and  the  work  of  deputy  wardens,  it  is  expressly  provided  in  some 
State-  for  example.  Alabama.  Colorado,  and  Maine  that  every 
magistrate  or  court  before  whom  a  prosecution  under  tin1  game  laws 
ha-  been  conducted  or  an  appeal  has  been  taken  shall,  within  a  certain 
time  after  disposition  of  the  case,  report  the  particulars  to  the  State 
game  officials.  Usually  this  report  must  contain  a  statement  of  tin1 
offense  and  the  result  of  the  trial,  show  whether  or  not  the  tine  was 
paid,  and  if  so,  what  disposition  was  made  ^(  it.  and  if  not.  what  pun- 
ishment was  inflicted  upon  the  defendant. 

EFFECT    or    REPEALS. 

A  bill  for  the  protection  of  game  intended  to  repeal  all  former 
game  laws  should  always  contain  a  saving  clause  at  the  end.  Other- 
wise it  might  be  contended  by  some  defendant  who  had  violated  the  old 

law  that  a  prosecution  could  not   be  maintained   because  the   new  law 
had  repealed  the  old  and  thereby  released  him  from  such  penalties  as 

attached  to  the  offense  under  the  old   law.      Such   a   provision   in   the 
Colorado  game  law  reads  as  follow-: 

All  acts  an<l  parts  of  act<  in  conflict  with  this  act  are  hereby  repealed,  but  - 

repeal  shall  not  affect  or  abate  any  prosecution   now  pending  OT  hereafter  bl 

for  any  offense  committed  prior  to  the  taking  effect  of  this  act.  hut  the  same  may  he 

prosecuted  and  punished  as  in  said  acts  provided.     (Div.  M,  sec.  9.) 


78  GAME    COMMISSIONS    AND    WARDENS. 

CIVIL  ACTIONS. 

Game  laws  are  usually  enforced  by  criminal  prosecution^  in  the 
name  of  the  State  or  the  people  thereof,  but  a  few  States  have  directed 
that  punishment  for  violation  of  such  laws,  or  certain  provisions,  shall 
be  inflicted  by  civil  actions  for  recovery  of  penalties.  These  actions 
arc  similar  to  suits  between  private  persons  for  recovery  of  damages, 
and  all  the  rules  of  law  applicable  to  civil  procedure  apply  to  them. 
In  Illinois  the  lines  for  hunting  without  license  and  exceeding  the  bag 
limit  may  be  collected  by  action  of  debt  in  the  name  of  the  people  of 
the  State.  In  New  Jersey  civil  actions  are  sometimes  resorted  to  and 
in  New  York  the  usual,  if  not  the  exclusive,  method  of  procedure  is 
a  civil  action  instead  of  a  criminal  prosecution.  Montana  allow rs  a 
civil  action  for  recovery  of  all  lines  and  penalties,  and  Wisconsin  of 
certain  penalties.  In  Colorado  the  commissioner  may  bring  a  civil 
action  for  possession  of  game  taken,  killed,  or  held  in  violation  of  law. 
or  for  the  value  thereof. 

Since  the  celebrated  decision  in  the  case  of  Geer  v.  Connecticut 
(161  U.  S..  519),  in  1896,  determining  the  status  of  game  and  other  wild 
animals  and  birds,  many  States  have  incorporated  in  their  laws  a  de- 
claration that  all  wild  animals  and  birds  within  the  State  are  the  prop- 
erty of  the  State.  In  some  instances  the  assertion  has  gone  further, 
declaring  that  no  property,  right,  title,  or  interest  can  be  acquired  or 
maintained  in  any  game  except  as  permitted  by  the  game  law. 

replevin. 

The  action  of  replevin  lies  for  the  recovery  of  personal  property, 
goods,  wares,  merchandise,  etc.,  wrongfully  seized  or  detained,  and 
is  the  remedy  pursued  by  the  owner  to  recover  possession  thereof.* 
A  logical  conclusion  from  the  foregoing  definition  renders  the  action 
of  replevin  maintainable  at  the  suit  of  the  State  for  the  recovery  of 
game  taken,  killed,  or  held  in  possession  in  contravention  of  its 
statutes.  An  expression  by  the  supreme  court  of  Minnesota  in  the 
decision  in  the  case  of  Thomas  <\  Northern  Pacific  Express  Co.  (75 
X.  W..  1120).  sustains  this  conclusion.     It  is  there  said: 

Wild  game  belongs  to  the  State  in  its  sovereign  capacity.  No  person  can  acquire 
any  property  in  it  except  by  catching  or  killing  it  at  a  time  and  in  a  manner  author- 
ized by  law.  If  a  person  catches  or  kills  it  at  a  time  or  in  a  manner  prohibited  by 
statute,  it  still  remains  the  property  of  the  State,  which  may  reclaim  it. 

Two  States — Colorado  and  Nebraska — have  incorporated  in  their 
game  laws  provisions  for  this  remedy,  which  are  given  in  full  in 
Part  III. 

"For  notes  on  replevin  suits  see  '  Free  Shipment  of  Deer  in  Minnesota'  in  Forest 
and  Stream,  LIV,  p.  68,  Jan.  27,  1900:  'The  Law  Supreme'  [in  Illinois]  in  Am. 
Field,  LXI,  p.  2,  Jan.  2.  1904:  Ibid,  p.  269,  Mar.  19,  1904. 


i:i  PL!  \  IN. 

In  1 1 121 1 1 \  jurisdiction*  the  plaintifl  ma}  couple  with  the  Action  *>\ 
reple\  in  an  ulternatn  e  demand  for  damages,  and  if  possession  can  not 
be  restored  the  value  of  the  game  Is  recoverable.  A  novel  provision 
In  the  Colorado  la^i  fixes  the  minimum  value  of  each  species  of 
mine  and  of  birds,  and  permits  the  commissioner  of  fisheries  and  game 
or  an  1  warden  to  bring  a  civil  action  for  iv<<>\  «-r\  of  the  value  of  any 
game  killed,  wounded,  or  held  in  possession  in  violation  of  I:» \s .  The 
Nebraska  law  has  a  similar  provision,  but  does  n<>i  ii\  the  value  <>f  the 
game.  These  States  further  direct  that  the  writ  of  replevin  shall 
issue  without  bond  and  thai  the  pendency  of  a  criminal  prosecution 
for  tin'  same  offense  shall  not  affect  or  Btaj  the  ch  il  suit,  nor  shall  the 
action  of  replevin  affect  the  right  of  seizure  under  other  sections  of 
the  acts. 

Action  i>(  replevin  has  frequently  been  resorted  to  i»\  offenders 
against  game  laws  to  recover  property  seized  by  game  officials.  In 
H"»i  this  action  was  instituted  in  Nebraska  for  reco^  ery  of  three  shot- 
guns from  a  deputy  game  warden,  who  had  seized  them  while  the 
plaintiff  and  two  others  were  illegally  hunting  prairie  chicken-.  At 
that  time  the  Nebraska  game  law  authorized  seizure  of  the  guns  of 
those  found  violating  the  law,  but  contained  no  provision  for  a  trial 
of  the  question  of  forfeiture.  The  district  court  of  Boone  County, 
where  the  action  was  brought,  found  for  the  plaintiff  and  decreed 
restitution  ^(  the  guns,  holding  that  the  section  authorizing  the  seizure 
and  confiscation  without  a  trial  was  unconstitutional.  The  warden 
appealed  t<>  the  supreme  court  of  the  State,  where  the  judgment 
of  the  district  court  was  affirmed.  (McConnell  >'.  McKillip,  '.»'.» 
N.  VV.,  505.) 

In  the  same  year  an  action  of  replevin  was  instituted  in  Colorado 
for  the  recovery  of  :'>""  deer  hide-,  or  for  damages  for  their  detention, 
from  a  deputy  game  warden,  who  had  seized  them  on  the  ground  that 
they  were  held  in  possession  in  violation  of  a  provision  of  the  game 
law  requiring  that  any  person  who  desired  to  keep  such  hide-  must 
have  an  officer's  invoice.  The  case  was  tried  in  the  district  court  ^\' 
Mesa  County  and  resulted  in  a  verdict  against  the  warden  for  $350, 
from  which  he  appealed  to  the  court  of  appeal-,  where  the  judgment  of 
the  district  court  was  reversed.     (Hornbeke  v.  White.  7*>  Pac,  926. 

In  L896  an  action  of  replevin  was  instituted  in  Wisconsin  for  the 
recovery  of  L2  gill  nets,  of  the  value  of  $60,  which  had  been  seized  by 
the  game  wardens  on  the  ground  that  they  were  set  in  Lake  Winne- 
bago for  the  purpose  of  fishing  in  violation  of  the  game  law.  A  trial 
by  jury  resulted  in  a  verdict  for  the  warden-.  The  ea-e  wa-  appealed 
to  the  supreme  court,  which  affirmed  the  judgment  of  the  lower  court. 
(Bittenhaus  >\  Johnston  et  al.,  66  N.  W.,  805.) 

-  e  also  People  v.  Johnson,  88  Pa.-..  L84. 


80  GAME    COMMISSIONS    AND    WARDENS. 

INJUNCTION. 

The  question  has  arisen  repeatedly,  and  doubtless  will  recur  fre- 
quently, as  to  whether  an  anticipated  or  persistent  violation  of  the 
game  law  can  be  prevented  by  a  proceeding  in  equity.  It  is  a  general 
rule  of  law  that  injunction  will  not  lie  to  restrain  the  violation  or 
intended  violation  of  a  penal  statute. 

The  rule  is  well  settled  that,  where  there  is  no  threatened  injury  to  personal  or 
property  rights,  equity  will  not  lend  its  aid  by  injunction  to  restrain  the  violation  of 
public  or  penal  statutes  or  the  commission  of  penal  acts.  (State  ex  rel.  Reynolds  v. 
Capital  City  1>.  C.  56  N.  E.  (Ohio),  651.) 

The  only  remedy  or  redress,  therefore,  of  the  State  is  a  criminal 
prosecution,  or,  as  heretofore  stated,  a  civil  action  for  the  recover\T  of 
the  prescribed  penalty  in  those  States  vrhere  such  procedure  is  per- 
mitted, after  consummation  of  the  offense.  But  in  a  few  States  an 
attempt  to  violate  the  game  law  is  an  offense,  and  under  such  a  statute 
timely  prosecution  might  prevent  the  consummation  of  the  unlawful 
act. 

It  is  doubtful  whether  a  State  has  the  power  to  provide  for  recourse 
to  injunction  in  order  to  restrain  an  anticipated  or  continued  violation 
of  the  game  law.  and.  it  seems,  no  State  has  attempted  it.  This  remedy 
has,  however,  been  frequently  and  successfully  invoked  to  restrain  per- 
sistent and  repeated  trespasses  upon  private  property  for  the  purpose 
of  hunting,  and  thereby,  indirectly,  certain  features  of  the  game  laws 
have  been  enforced/'  The  case  of  Kellogg  v.  King  in  California  (46 
Pac,  166),  is  a  good  illustration  of  the  application  of  this  principle. 
Kellogg,  as  trustee  of  the  Cordelia  Shooting  Club  whose  preserve  was 
situated  in  Solano  County,  Calif.,  applied  to  the  superior  court  of  that 
county  for  an  injunction  to  restrain  King  and  about  forty  others  from 
trespassing  upon  the  club's  preserve,  shooting  ducks  and  other  game 
thereon,  and  otherwise  committing  frequent  depredations.  The  defend- 
ants resisted  the  suit  on  several  grounds,  among  which  it  is  only  neces- 
sary to  refer  to  the  one  denying  complainant's  right  to  resort  to  the 
remedy  of  injunction.  The  superior  court  dismissed  the  complain- 
ant's bill  and  rendered  judgment  for  the  defendants,  from  which  the 
complainant  appealed  to  the  supreme  court  of  the  State,  Avhere  the 
judgment   was   reversed   and   a    new   trial   ordered,  thus   sustaining 

a  See  article  entitled  'Jailed  for  ignoring  an  Injunction,'  in  Am.  Field,  LXI,  pp. 
319-320,  Apr.  2,  1904.  Two  market  hunters  were  enjoined  by  the  U.  S.  Circuit  Court 
from  shooting  on  the  property  of  the  Big  Lake  Shooting  Club,  in  Mississippi  County, 
Arkansas,  and  when  they  continued  to  trespass  they  were  sentenced  to  30  days  each 
in  the  county  jail  for  contempt  of  court. 


II  \«  II' 

in    right  of  th»'  club  i<»:in  injunction  i"  prevent  defendants  tn  <pa 

upon  it-  |hvmi\  e.      1 1  n  as  decided  i  bat 

Injunction  will  lie  to  prevent  trespassing  on  a  gam<  arherebj  not  only  ia 

•jam.'  killed,  bat  game  ia  Frightened  awaj  and  deterred  from  returning,  the  remed) 
at  law  being  inadequate. 

The  prevention  ol  a  multiplicity  ol  suits  la  ground  for  injunction  in  caaeoi  repeated 

trespasses  l»y  a  larire  rimnU'r  of  persona. 

Another  question  connected  with  this  subject  has  arisen  as  to  whether 
the  enforcement  of  an  unconstitutional  game  act  can  be  enjoined  b) 
this  process.  This  question  arose  in  Michigan  in  the  <-:i-«i  of  <  teborn  v. 
Charlevoix  Circuit  Judge  (72  N.  W.j  982).  The  complainant,  O'Neil, 
filed  a  bill  in  the  circuit  court  praying  for  an  injunction  to  restrain 
Chase  S.  Osborn,  State  game  warden,  from  enforcing  the  provisions 
of  the  fish  law.  which  restricted  the  practice  of  fishing  with  certain 
oets,  and  authorized  the  seizure  of  such  apparatus  when  so  used.  It 
was  alleged  in  the  hill  that  the  law  was  unconstitutional.  The  circuit 
judge  granted  the  prayer  of  the  hill  and  injunction  issued.  There- 
upon Osborn  applied  to  the  supreme  court  of  the  State  for  a  writ  of 
mandamus  to  compel  the  circuit  judge  to  dissolve  the  injunction.  In 
granting  the  writ  the  court  said: 

If  the  law  were  unconetitutional,  it  would  be  available  by  way  of  defense  to  the 
criminal  charge,  and  therefore  qo  occasion  for  chancery  to  take  juriadictiou  for  the 
want  of  an  adequate  remedy  at  law.    It  has  never  been  Found  necessary  or  expedient 

that  the  validity  and  construction  of  criminal  laws  should  be  determined  in  chancery 
for  the  guidance  of  courts  of  criminal  jurisdiction. 

See  also  the  South  Carolina  case  of  Chisholm  v.  Cainea    67  Fed.,  285  .  and  the 
Arkansas  case  of  the   I'>i;_r   Lake  Shooting  Club,  Harrison         Fite     L48    Fed., 
Compare  the  decision  in  Rockefeller  v.  Lamora  (New  York  .  given  in  full  in  I 
and  Stream,  LXI,  p.  28,  July  11,  1903,  with  the  statement  of  the  case  given  in  the 
Maine  Sportsman,  vol.  14.  p.  202,  June,  L907. 


MISCELLANEOUS  PROVISIONS. 

The  game  laws  contain  many  provisions  that  can  not  be  conveniently 
grouped  under  the  subjects  heretofore  presented,  and  hence  are  col- 
lected under  the  head  of  miscellaneous  provisions.  Some  of  these  are 
highly  interesting  and  very  essential  to  proper  administration. 

PUBLICATION   OF   LAWS   AND    REPORTS. 

Prompt  publication  of  the  frequent  amendments  to  game  laws  in 
sufficiently  large  editions  to  meet  all  reasonable  requirements  is  essen- 
tial, and  failure  in  this  particular  interferes  seriously  with  enforce- 
ment. The  volumes  of  session  laws  are  inaccessible  to  a  large  part 
of  the  people,  who  must  therefore  rely  upon  some  secondary  but 
authoritative  publication  for  a  knowledge  of  such  changes  as  have 
been  made.  Every  State  and  Territory  except  Arizona,  Georgia, 
Hawaii,  Kentucky,  Louisiana,  Mississippi,  Nevada,  Oklahoma,  and 
Rhode  Island,  publishes  the  full  text  of  its  game  laws  in  pamphlet 
form  for  general  distribution,  and  Arizona  and  Rhode  Island  issue 
abstracts.  These  pamphlets  are  usually  published  by  the  game  depart- 
ment, but  in  a  few  instances  they  are  issued  by  the  secretary  of  state. 
and  in  Florida  by  one  of  the  county  wardens — the  game  warden  of 
Lake  County.  In  some  States,  such  as  Pennsylvania  and  New  Mexico, 
where  there  is  a  large  foreign  element  in  the  population,  summaries  of 
the  laws  are  published  in  two  or  more  languages.  Three  States — 
Alabama,  Colorado,  and  New  Hampshire — direct  their  game  depart- 
ments to  publish  and  distribute  the  game  laws;  others  make  an  appro- 
priation for  the  purpose;  but  the  majority  leave  the  matter  entirely  to 
the  discretion  of  the  game  officials.  The  number  of  copies  to  be 
printed  is  sometimes  fixed  by  statute,  as  in  Idaho  and  Wyoming, 
where  it  is  placed  at  5,000,  in  New  Hampshire  at  10,000,  and  in  New 
York  at  25,000  copies.  Specific  appropriations  for  printing  the  laws 
are  made  in  four  States — Idaho,  §50;  Wyoming,  8250;  Colorado,  £:><><»: 
and  Pennsylvania,  $300.  Few  States,  however,  have  thus  far  provided 
editions  large  enough  to  meet  the  demand,  for  each  hunter  should  be 
supplied  with  at  least  one  copy  of  the  game  laws  every  year.  The 
distribution  in  States  which  issue  resident  licenses  can  be  readily  and 
economically  effected  by  placing  at  the  disposal  of  each  officer  who 
issues  licenses  enough  pamphlet  copies  to  supply  each  licensee. 

Nearly  every  State  requires  its  game  official  or  board  to  report  on 
82  " 


(  ii  \i;<;l      i"    I  II  i     JUBY. 

the  work  periodically,  usually  to  the  governor,  but  In  a  feu  instances 
to  the  legislature,  and  in  Michigan  and  Texas  t«»  the  secretary  of  state. 
These  rejwrts  ordinarily  cover  a  biennial  period,  sometimes  an  annual 
period,  i>ut  in  Alabama  the  commissioner  is  required  to  report  only 
quadrennially,  while  in  Montana  In-  must  submit  a  report  semian- 
nual 1  v.  h  i*  through  these  reports  that  tin-  executive  and  legislative 
branches  of  the  government,  and  more  especially  the  general  public, 
are  informed  as  to  what  the  game  departments  are  accomplishing. 
Formerly  such  reports  were  brief,  containing  little  more  than  a  finan- 
cial statement,  but  of  late  years  their  scope  has  been  greatly  enlarged, 
and  statistics  of  hunting  Licenses,  prosecutions,  and  seizures  are  very 
generally  included.  General  articles  on  game  protect  ion  and  economic 
Ornithology  by  recognized  authorities  and  illustrated  by  colored  plates 
are  sometimes  included,  so  that  the  volumes  are  valuable  alike  to  the 
specialist  and  the  general  public.  The  reports  of  Indiana,  Massachu- 
setts, Montana,  ami  New  York  are  examples  of  this  evolution.  A  feature 
which  ha->  lately  begun  to  receive  attention  and  may  be  made  of  great 
value  both  in  framing  legislation  and  for  future  reference  is  a  state- 
ment of  the  condition  of  the  game  of  the  State  in  more  or  less  detail. 

>rts  containing  such  statistics  are  repositories  of  interesting  and 
valuable  information.  Annual  report-  arc  required  in  Wisconsin  and 
Illinois,  but  they  are  not  published  in  separate  form,  although  report- 
on  certain  phases  of  warden  work  in  Illinois  appear  regularly  in  one 
of  the  leading  sportsmen's  journals.  Provision  by  specific  appro- 
priation is  made  in  several  State-   for  publication  of  game  warden 

rts,  and  ( Colorado  and  Wyoming  appropriate  $200  for  the  purpose; 
Vermont  fixes  the  number  of  copies  at  2,000,  and  Indiana,  by  special  act 
in  L907,  ordered  10,000  extra  copies  of  the  last  biennial  report  of  the 
State  game  and  tish  commissioner. 

CHARGE    TO   THE   JUBY. 

For  a  long  time  in  the  history  of  thi>  country  it  has  been  customary 
for  the  legislature  to  incorporate  in  certain  criminal  statute-  a  section 
or  clause  directing  the  judges  of  court-  having  jurisdiction  of  the 
matter  to  give  the  statute  in  special  charge  to  the  grand  jury  or  to 
call  its  attention  to  the  law.  The  object  i-.  of  course,  to  insure 
enforcement.  Four  States  AJabama,  Georgia,  Montana,  and  Ten- 
nessee—have included  this  provision  in  their  law-,  the  Language  of 
the  Tennessee  section  in  the  nongame  bird  law  of  L903  being  as  follows: 

9.  That  the  grand  juries  of  the  circuit  and  criminal  courts  of  the  State  shall  have 
inquisitorial   authority  ever  all  violations  of   any  of   the   provisions  this  act,  and 
upon  probable  can-",  shall  make  presentment  without  prosecutor;  and  that  the  j 
having  criminal  jurisdiction  in  the  various  counties  in  Tennessee  shall  :_ri\v  this  Act 
specially  in  charge  to  the  grand  juries  at  every  term  of  the  court-.        \    tsof  19 
IIS.) 

1358 — No.  is — 07 7 


84  GAME    COMMISSIONS    AXD    WARDENS. 

SUSPENSION    OF    PROSECUTIONS. 

It  has  been  maintained  that  the  right  to  suspend  or  remit  fines  is 
inherent  in  the  judiciary  and  the  function  has  been  quite  commonly 
exercised.  There  is  no  question  that  there  are  circumstances  under 
which  such  action  is  just,  humane,  and  expedient,  but  this  power,  like 
all  others,  is  liable  to  abuse  and  allows  petty  judicial  officers  to  nullify 
the  game  laws.  Colorado  has  guarded  against  this  danger  by  the 
following  provision: 

No  fine,  penalty,  or  judgment  assessed  or  rendered  under  this  act,  or  the  act  to 
which  it  is  amendatory,  shall  be  suspended,  reduced  or  remitted  otherwise  than  as 
expressly  provided  by  law.     (Div.  K,  sec.  4.) 

On  the  other  hand  the  State  warden  of  Tennessee  is  authorized  b}T 
the  game  law  to  compromise  or  discontinue  cases  where  the  violations 
are  technical,  or  where  he  believes  the  prosecution  or  fine  would  be 
oppressive.  A  clause  in  the  Pennsylvania  game  law  permits  offenders 
to  sign  an  acknowledgment  of  their  offenses  and  pay  the  fine  prescribed 
by  law  to  any  game  warden,  whereupon  they  are  entitled  to  a  receipt 
from  the  warden  which  shall  be  in  full  settlement  of  the  charge.  This 
course  has  the  intended -effect  of  relieving  offenders  from  public  prose- 
cution and  the  embarrassment  incident  thereto.  It  is  questionable, 
however,  whether  it  is  not  better  that  full  publicity  be  given  all  pro- 
ceedings for  the  punishment  of  violators  of  the  game  laws,  so  that  its 
deterrent  influence  may  have  full  effect. 

In  order  to  prevent  useless  and  frivolous  prosecutions,  Tennessee  in 
1907  inserted  in  the  game  law  a  proviso  permitting  the  State  warden, 
when  informed  of  a  violation,  to  visit  the  place  and  summon  witnesses 
to  testify  under  oath  to  any  facts  bearing  upon  it.  By  the  statute  a 
penalty  of  ^25  to  $50  is  imposed  upon  anyone  so  summoned  who  refuses 
to  attend  or  testify.  This  is  a  new  feature  in  the  administration  of 
the  game  laws  of  this  country  and,  while  it  has  not  been  in  opera- 
tion long  enough  to  test  its  practical  value,  it  doubtless  has  merit, 
especially  when  there  is  reason  to  believe  violations  are  reported 
merely  for  private  vengeance  or  for  pecuniary  gain. 

SPECIAL    OFFENSES   IN    CONNECTION    WITH    HUNTING    LICENSES. 

In  Illinois  the  alteration  of  a  hunting  license  in  any  material  manner, 
or  the  loan  or  transfer  of  it  to  another,  is  declared  to  be  forgery  and 
punishable  as  such.  In  Michigan,  Tennessee,  and  a  few  other  States 
procuring  a  license  by  false  swearing  is  defined  as  perjury,  and  in 
some  cases  punished  as  such.  In  Maine  and  Vermont  substantial  tines 
are  imposed  upon  anyone  furnishing  to  another,  or  permitting  another 
to  use  his  license,  and  upon  the  person  receiving  such  license.  Altering 
or  changing  a  license  in  any  way  is  also  made  an  offense. 

The  penalties  sometimes  attached  to  the  offense  of  hunting  without 


license  are  probably  inadequate  to  restrain  criminally  Inclined  person 
those  hunting  for  mercenary  purposes.  I «»  meet  this  condition  sei 
States  have  deelared  that  licensees  \\  1 1 « »  violate  :m\  provision  of  the 
.jam.'  laws  shall  forfeit  their  licenses,  and  thai  the  officer  issuing  them, 
<>r  the  State  game  warden,  ma\  revoke  such  licenses  upon  satisfactory 
proof  of  the  unlawful  conduct  of  the  holder.  Minnesota  has  prescribed 
the  procedure  in  such  eases  as  follows: 

\ii\  person  who  Bhall  violate  any  of  the  provisions  of  this  chaptei 

complete  game  law],  and  \\  h<>  i-  at  the  time  of  Buch  violation  in  the  ]  of  a 

Be  duly  issued  t<>  him.  shall,  upon  <•"iivi.-ti.ni  thereof,  forfeit  such  li<-.  use  t"  the 

Btate  of  Minnesota,  and  such  person  .-hall  deliver  to  the  court  before  whom  he  was 

tried  any  such  license,  and  the  .•.•art  shall  forward  the  same  to  tin-  commission. 

Laws  ol  1905,  ch.  344. 

In  Maine  the  commissioners  of  inland  fisheries  and  game  may  revoke 
tin1  license  of  anyone  who  violates  or  countenances  tin-  violation  of 
the  game  law  after  due  notice  to  tin*  holder  and  after  opportunity  is 
given  him  t«>  show  cause  against   such  revocation. 

Tln>  law-  of  most  of  the  Stat.--  requires  licensee  t<>  produce  his 
license  on  demand  of  a  warden,  and  in  several  to  any  officer  chai  s 
with  the  duty  of  enforcing  the  game  law.  Failure  or  refusal  to  do  so 
i-  attended  with  a  substantial  penalty,  and  in  Kansas  and  a  few  other 
States  failure  to  produce  a  license  on  demand  of  a  warden  revoke-  it. 
Massachusetts  and  New  Hampshire  go  a  step  further  and  require  the 
licensee  t<>  produce  and  -how  hi-  license  to  any  person  a-  often  as 
requested,  and  on  failure  to  do  so  he  forfeits  it.  In  West  Virginia 
the  licensee  must  produce  and  -how  his  License,  whenever  required, 
to  the  owner  of  the  land  upon  which  he  i-  hunting.  .Montana  provides 
that  if  any  officer  believes  that  a  license  is  in  the  hand-  of  a  person 
other  than  the  one  to  whom  it  was  issued  he  may  require  such  person 
t<»  identify  himself,  and  in  case  of  refusal  he  i-  held  guilty  of  a 
misdemeanor. 

DOGS. 

In  the  la-t  few  year-  tin- practice  of  dogging  deer,  or  'houndii 
a-  it  is  commonly  called,  has  been  the  subject  of  restrictive  Legislation 
in  most  of  the  Mates  where  hie;  game  occurs.  Much  has  been  written 
and  more  -aid  for  and  against  this  method  of  hunting,  hut  an  exami- 
nation of  the  law-  plainly  indicate-  a  general  t  rend  toward  the  abolition 
of  the  practice,  and  to-day  there  are  few  State-  where  one  may  hunt 
hiii-  game  with  doe-.  The  penalty  i-  usually  imposed  upon  the  owner 
of  the  dog  or  person  using  it:  hut  several  States  have  not  only  done 
this,  hut  have  also  authorized  the  destruction  of  the  dogs  by  wardens, 
or.  in  a  few  instances,  by  any  person.  This  subject  ha-  perhaps 
engaged  more  attention  in   Maine  '  than   elsewhere.     The  attempt    to 

"For  resume*  set-  F.  P.  Hardy,  'Six  Years  Under  "Maine  Game  Laws — VII,  on 
'Killing  I  ><>'_'-:"  and  IX,  The  Jock  Darling  Case,  in  '  Forest  and  Stream,'  Vol.  XXXVI, 

p.  372,  May  28,  1891;  p.  477,  July  2,  1891. 


86  GAME    COMMISSIONS    AND    WARDENS. 

suppress  the  practice  of  hounding  in  that  State  led  to  several  serious 
tragedies,  the  most  noted  of  which  occurred  in  the  fall  of  1886,  when 
two  game  wardens  were  shot  and  killed  by  a  party  of  poachers  who 
had  a  dog  with  them  for  the  purpose  of  using-  it  in  hunting  deer  con- 
trary to  law.  The  wardens  attempted  to  capture  the  dog  and  were 
killed  while  so  doing.  The  principal  actor  in  the  affair  escaped  to 
California,  where  he  was  apprehended  in  March,  1887,  and  brought 
back  to  Maine,  tried,  convicted,  and  sentenced  to  imprisonment  for 
life/'  This  sentence  was  afterwards  commuted  to  twenty-live  years 
and  further  reduced  by  good  behavior  to  nineteen  years,  so  that  the 
term  expired  in  11*06. 

Judging  by  legislative  acts  public  sentiment  has  vacillated  some 
what  on  this  point.  For  some  years  prior  to  1901  Vermont  authorized 
the  destruction  of  dogs  used  for  hunting  big  game,  but  in  that  year 
repealed  the  provision,  retaining,  however,  the  prohibition  of  such 
hunting.  So  in  New  Hampshire,  the  destruction  of  dogs  was  author- 
ized until  1905,  but  the  legislature  of  that  year  repealed  the  provision. 
Wisconsin  declares  a  dog  used  for  pursuing  deer  a  public  nuisance, 
and  thereby  tacitly  licenses  its  destruction.  Michigan  deals  with  the 
practice  with  a  strong  hand  by  declaring  that  any  dog  found  pursu- 
ing, killing,  or  following  upon  the  track  of  deer  is  a  public  nuisance, 
authorizing  any  person  to  destroy  it  summarily,  and  exonerating  him 
from  civil  or  criminal  liability  for  so  doing.  Maine  and  Minnesota 
allow  destruction  of  dogs  under  such  circumstances  by  any  person; 
and  the  conservative  State  of  Massachusetts  authorizes  any  of  her  offi- 
cers who  are  required  to  enforce  the  game  laws  and  all  who  rnay  serve 
criminal  process  to  kill  any  dog  found  chasing  or  hunting  deer,  if  such 
hunting  is  known  to  the  owner,  and  further  provides  that  if  the  same 
dog  is  twice  found  hunting  deer  that  fact  shall  be  sufficient  evidence 
of  the  owner's  knowledge  and  consent. 

Pennsylvania  has  gone  into  the  subject  with  more  detail  than  any 
other  State.  It  declares  that  any  dog  pursuing  or  following  upon 
the  track  of  a  deer  is  a  public  nuisance,  and  may  be  killed  by  any 
person  upon  affidavit  of  one  or  more  persons  before  an  authorized 
officer  that  the  dog-  is  in  the  habit  of  running  deer  or  has  been  known 
to  do  so  within  a  year.  The  law  further  declares  that  any  dog  pur- 
suing any  game  animal  or  bird  during  the  close  season  off  land  con- 
trolled by  its  owner  is  a  public  nuisance,  and  may  be  killed  by  the  owner 
or  lessee  of  the  land  whereon  it  is  found,  or  by  any  game  officer  who 
sees  it  upon  the  track  of  such  game,  unless  the  dog  wears  a  collar  giv- 
ing the  name  and  address  of  the  owner.     Collared  dogs  so  found  hunt- 

fl  For  details  of  this  tragedy  see  'Forest  and  Stream,'  Vol.  XXVII,  p.  308,  Nov.  11, 
1886;  'Maine  Sportsman,'  vol.  13,  p.  158,  April,  1906. 


I  I  l;i:i   i  8, 


1 1.  »■-  - 


ing  m:i\  !»«•  killed  in  the  manner  stated  above  after  notice  of  the 

I  ivities,  given  to  the  owner  b}  the  landowner  or  bj  the  sec  re  tan 
of  the  game  commission.     In  January,  L906,  the  secretary   estim 
that  aboul  3(H)  dogs  had  been  Killed  during  the  nine  months'  ov>eration 
of  the  law. 

i;i:i    I  B. 

The  use  «>t*  ferrets  for  hunting  rabbits  is  of  verj  ancient  origin. 
History  records  their  use  for  such  purpose  in  the  days  of  the  Roman 
Empire.  The}  were  commonly  used  in  this  country  till  within  the 
pa-t  tfw  years,  but  recent  legislation  in  several  of  the  States  has 
greatly  restricted  their  employment. 

In  th»-  Eastern  Mate-  particularly,  where  rabbits  are  not  sufficiently 
abundant  to  be  a  pest,  they  are  often  considered  valuable  game,  and 
protected  rigidly.  The  use  of  ferrets  in  hunting  rabbits  has  imperiled 
the  maintenance  of  the  supply  of  these  animals  to  such  a  degree  that  it 
has  become  necessary  to  prohibit  the  practice. 

The  usual  prohibition  simply  extends  to  the  use  of  the  ferret  for 
this  special  purpose,  but  Illinois  and  Massachusetts  prohibit  its  use 
for  hunting  any  game.  Massachusetts  further  make-  possession  of  a 
ferret  in  any  place  where  game  may  be  found  prima  facie  evidence  of 
it-  illegal  u-e.  and  declares  that  ferret-  used  in  violation  of  law  shall 
be  confiscated. 


SPECIAL  PROBLEMS. 
COOPERATION. 

It  is  axiomatic  that  the  statutes  of  a  State  have  no  force  outside  its 
boundaries,  and  it  is  unusual  that  a  State  should  declare  the  statutes 
of  another  State  of  force  and  effect  within  its  domains.  Such  is  the 
effect,  however,  of  certain  features  of  the  laws  of  Michigan,  Minne- 
sota, Nebraska,  Oklahoma,  and  Wisconsin.  Minnesota  provides  that 
it  shall  be  unlawful  for  any  person  to  have  in  his  possession  or  under 
control  any  game  or  birds  or  parts  thereof  which  have  been  unlaw- 
f  11II3-  taken  or  killed  in  another  State  or  unlawfully  shipped  from  such 
State.  Wisconsin  prohibits  the  shipment  into  or  through  the  State 
of  any  game  the  shipment  or  transportation  of  which  is  prohibited 
by  the  laws  of  any  other  State,  and  makes  it  the  dut}T  of  the  officers 
of  Wisconsin  to  seize  such  game.  The  Michigan  statute  is  somewhat 
broader  and  is  as  follows: 

No  person  shall  at  any  time  have  in  possession  or  under  control  any  bird,  game,  or 
fish  caught,  taken,  or  killed  outside  of  this  State,  which  was  caught,  taken,  or  killed 
at  a  time,  in  a  manner  or  for  a  purpose  forbidden  by  the  laws  of  the  State,  Territory, 
or  country  where  the  same  was  caught,  taken,  or  killed,  or  which  was  shipped  out  of 
said  State,  Territory,  or  country  in  violation  of  the  laws  thereof. 

The  statute  of  Oklahoma  is  much  to  the  same  effect,  and  Nebraska 
declares  it  unlawful  for  any  person  or  corporation  to  bring  into  the 
State  any  game  from  any  other  State  during  the  season  when  such 
State  prohibits  the  export  thereof.  It  would  seem  that  similar  action 
by-  all  the  States  would  be  productive  of  much  good. 

'sooners.' 

Close  seasons  will  usually,  if  not  invariably,  be  found  to  cover  the 
period  of  reproduction  of  game  and  a  sufficient  time  for  the  young  to 
mature.  These,  indeed,  are  the  chief  purposes  of  such  seasons,  and 
upon  their  strict  observance  largel}7  depends  the  maintenance  of  the 
game  supply.  Realization  of  this  fact  has  led  the  game  departments 
of  several  States  to  make  unusual  effort  to  prevent  the  killing  of 
game  in  close  season.  The  close  season  is  generally  respected  until 
near  its  end,  but  a  certain  class  of  hunters,  appropriately  termed 
k  sooners,' often  begin  shooting  a  few  days  in  advance  of  the  legal 
opening  of  the  hunting  season.  The  temptation  to  be  first  in  the  field 
and  to  get  the  pick  of  the  game  is  so  strong  that  it  is  often  necessary 
to  enlist  an  extra  force  of  deputy  wardens  to  deal  with  this  class.  In 
88 


HUNTING     \ «  <  I  h  I  \  i 

State*  authorizing  the  appointment  of  several  deputies  in  each  count} 
this  practice  is  easih  controlled;  but  where  no  such  authority  is  con 
ferred  ii  is  more  difficult  to  meet,  especially  because  of  the  ingenious 
explanations  ^_^ i x « - 1 1  t»\  'sooners1  to  account  for  their  presence  in  the 
field.  If  <>ili»T  game,  such  as  squirrels  or  rabbits,  maj  be  lawfully 
xlu»t  at  the  time,  tin'  claim  is  made  that  such  game  is  their  sole  object, 
and  frequently  the}  shoot  in  advance  of  the  season  under  the  guise  of 
training  dogs.  Some  States  have  prevented  the  use  of  the  first  pleaty 
making  the  opening  of  the  seasons  as  nearlv  uniform  as  possible,0  or,  as 
in  Indiana,  b}  establishing  a  close  season  upon  less  important  game  for 
a  brief  period  prior  to  the  opening  of  the  season  for  the  more  important 
game.  And  in  recent  years  the  legislatures  of  several  of  the  States 
ha\ e  pro\  ided  remedies  for  the  subterfuge  of  t raining  dogs,  and  alto 
gether  debarred  the  defense.  Michigan  permits  the  training  of  dogs 
fifteen  days  only  before  the  open  season  for  ruffed  grouse,  and  pro- 
hibits the  possession  of  firearms  while  the  person  is  so  engaged.  Min- 
nesota does  not  allow  pointers  and  setters  to  be  used  or  run  in  fields 
or  upon  land-  in  which  game  birds  may  be  found  during  August,  or  at 
any  time  except  in  the  open  season  for  such  birds.  Pennsylvania  per- 
mit- dogs  to  be  trained  by  their  masters  upon  any  game,  except  deer, 
from  August  1  to  January  1.  but  prescribes  that  no  injury  shall  be 
inflicted  upon  such  game.  South  Dakota  has  gone  considerably  fur- 
ther, and  declare-  that  any  person  traveling  in  any  manner  in  <iny 
part  n(  the  State,  outside  the  immediate  bounds  of  the  inhabited 
parts  of  any  village,  town,  or  city,  in  possession  of  any  kind  of  shot- 
gun and  ammunition,  with  dogs  ordinarily  used  for  hunting  game 
birds,  from  July  L  to  September  1.  shall  l>e  presumed  to  have  violated 
the  law-  respecting  game  birds. 

Hi:  VII  V.    ACCIDENTS. 

The  alarming  increase  in  the  number  of  fatal  hunting  accidents*  in 
the  past  few  years,  due  almost  entirely  to  carelessness,  ha-  led  t»>  much 
discussion  as  to  the  best  means  of  guarding  against  such  occurrences 
in  the  future,  and  ha-  resulted  in  the  enactment  of  drastic  statutes  in 
Maine.  Michigan,  and  Minnesota,  w  here  it  is  now  a  serious  offense  to 
shoot  carelessly  or  negligently  or  to  wound  or  kill  a  human  being 
while  hunting  game.  In  both  the  former  States  the  punishment  is 
imprisonment  not  exceeding  ten  years  or  a  tine  not  exceeding  $1,000, 
and  it  is  made  the  duty  of  county  attorney-  and  sheriffs  t<»  investigate 
alleged  violations  of  the  acts  and  prosecute  the  offenders. 

"  Montana  has  adopted  a  uniform  open  season  for  game  of  all  kinds. 
&In  1906  the  number  of  such  accidents  in  the  United  States  exceeded  100. 
Year  Book  U.  8.  Department  of  Agriculture  1906,  pp.  536-537. 


90  GAME    COMMISSIONS    AXD    WARDENS. 

In  Minnesota  the  killing  of  a  human  being  by  shooting  with  a  gun 
or  other  firearm,  when  resulting  from  carelessness  in  mistaking  the 
person  shot  for  a  deer  or  other  animal,  is  manslaughter  in  the  first 
degree  and  punishable  a^  such.  So  far  no  conviction  under  these 
statutes  has  been  reported. 

On  the  other  hand,  in  a  North  Carolina  case  (State  v.  Horton,  139 
X.  ('.;  1L.  R.  A.,  n.  s.,  991),  decided  in  1905,  it  was  held  that  the 
unintentional  and  accidental  killing  of  a  human  being  was  not  ren- 
dered criminal  by  the  fact  that  the  slayer  was  at  the  time  violating  a 
statute  prohibiting-  hunting  on  lands  of  another  without  permission. 

COLD    STORAGE. 

One  of  the  greatest  obstacles  to  effective  game-law  enforcement  is 
the  modern  cold-storage  plant  and  the  facility  it  offers  for  conceal- 
ment of  game.  The  ease  and  certainty  with  which  dead  game  may  be 
preserved  even  in  hot  weather  removes  all  limitation  formerly  imposed 
by  that  condition  and  stimulates  the  killing  of  vastly  larger  quantities 
than  in  days  before  this  invention.  It  is  therefore,  a  direct  incentive 
to  the  unlimited  destruction  of  game.  It  has  furnished  a  defense  often 
invoked  in  prosecutions  for  possession  of  game  in  close  season,  when 
the  defendant  has  asserted  that  the  game  was  lawfully  taken  in  the 
open  season  and  held  in  cold  storage.  It  is  often  difficult,  if  not  impos- 
sible, for  the  State  to  controvert  this  defense.  Hotels,  restaurants,  and 
clubs  are  therefore  able  to  serve  game  to  their  guests  throughout 
the  close  season,  and  many  other  avenues  of  illicit  commerce  in  game 
are  thereby  opened.  It  has  proved  such  a  menace  to  the  preservation 
of  game  in  Minnesota  that  in  1905  the  legislature  prohibited,  in  the  fol- 
lowing terms,  the  placing  of  game  in  any  cold-storage  plant: 

The  placing  or  receiving  within  or  storage  of  any  game  bird  or  game  animal,  or 
any  part  thereof,  in  any  cold-storage  plant,  is  hereby  prohibited  and  made  unlawful. 

Other  States  have  placed  restrictions  on  the  storing  of  game.  As  an 
example.  Nebraska  has  made  it  unlawful  to  store  game,  except  during 
the  open  season  and  live  days  thereafter,  when  stored  for  the  person 
lawfully  in  possession  thereof,  and  at  any  time  when  it  has  been  law- 
fully imported  into  the  State.  This  limitation  is  followed  h\  a  positive 
prohibition  of  the  possession  or  serving  of  game  by  hotels,  restaurants, 
cafes,  and  boarding  houses  to  their  patrons  in  close  season.  In  Colo- 
rado a  permit  from  the  game  commissioner  is  required  to  store  game. 
In  several  States  the  owners,  proprietors,  or  managers  of  cold-storage 
plants  are  required  to  permit  the  game  wardens  to  inspect  the  plant 
upon  demand.  Kansas  requires  the  fish  and  game  warden  to  inspect 
all  places  where  meat,  fish,  and  game  are  kept  for  sale  or  shipment  or 
stored  for  pay,  and  those  storing  such  articles  are  required  to  permit 
inspection.     New   York  defines  the   limitations  on  the  privilege  of 


i n i  •  i  \  •  91 

storing  game  in  no  uncertain  terms:  Dealers  in  game  may  rtore  their 
stock  on  hand  :it  the  commencement  of  the  close  season  upon  giving 
bond  in  such  amount  and  under  such  restrictions  as  the  forest,  fish, 
and  *_! :  1 1 1 1  *  *  commissioner  may  prescribe  and  with  the  farther  condi 
tjonn  that  they  will  not  Bell,  give  away,  or  otherwise  dispose  of  the 
same  in  close  season,  and  that  they  will  not  violate  tin*  law  in  anj 
way.  The  prostitution  of  the  cold  storage  plant  to  purposes  of  illicit 
traffic  in  game  is  fortunately  disappearing  under  recent  legislation 
and  through  the  vigilance  of  the  officers  charged  with  the  enforcement 
of  th»i  game  law s. 

The  case  of  Haggertyv.  St.  Louis  [ce.  Manufacturing  and  Ston 
Company  (44  S.  W.,  L114),  decided  by  the  supreme  court  of  Missouri 
in  L898,  involved  an  interesting  question  of  contract  connected  with 
the  storage  of  game.  Haggerty,  a  game  dealer  in  St.  Louis,  had 
stored  in  L892  with  the  defendant  company  a  large  quantity  of  game 
to  be  withdrawn  during  the  next  open  season.  In  1 893,  when  the  game 
was  removed,  the  owner  found  it  worthless  from  decay.  A  suit  was 
instituted  for  the  recovery  of  $7,000  damages  from  the  storage  com- 
pany. The  company  demurred  to  the  com  plaint  upon  the  ground  that 
the  contract  of  storage  was  in  violation  of  the  game  law,  which  pro- 
hibited possession  of  game  in  close  season.  The  demurrer  was  sus- 
tained and  on  appeal  to  the  supreme  court  the  judgment  was  affirmed. 

INDIANS. 

fears  ago  exceptions  in  favor  of  Indians  were  occasionally  made  in 
the  game  laws  of  some  States,  as  in  those  of  Maine  and  California. 
In  L853  .Maine  exempted  Indians  of  the  Penobscot  and  Passamaquoddy 
tribes  from  the  restrictions  of  the  law  protecting  deer  and  moos*'.  In 
iv.".  L  California  exempted  Indians  from  the  operation  of  the  salmon 
law,  and  in  1866  allowed  them  the  privilege  of  taking  trout  at  any 
time.  Later  on,  however,  these  exceptions  disappeared,  and  outside 
of  their  reservations  Indians  were  placed  on  the  same  basis  as  other 
persons.  In  L892  the  supreme  judicial  court  of  Maine,  in  the  case  of 
Mate  v.  Newell  (24  All..  943),  decided  that  Indians  in  that  State  were 
not  'Indian  tribes*  within  the  treaty-making  power  of  the  Federal 
( rovernment,  that  they  had  no  separate  political  organization  and  were 
subject  as  individuals  to  all  the  laws  of  the  State.  Similarly  the 
Supreme  Court  of  the  United  States  has  held  that  the  Cherokee 
Indians  who  remained  in  North  Carolina  were  subject  to  the  laws  of 
that  State  (Cherokee  Trust  Funds,  117  U.  S.,  288). 

The  game  laws  of  Arizona,  Colorado,  Montana,  and  North  Dakota 
Beem  to  be  the  only  ones  that  now  specially  mention  the  Indian.  The 
law  of  Montana  declares  that  the  provisions  and  penalties  prescribed 
*  shall  be  deemed  and  held  to  include  all  Indians  and  half-breed  Indians 
when  outside  the  Indian  reservation.'     (Seep.  198.)     Montana  also  ha- 


92  GAME    COMMISSIONS    AND    WABDENS. 

a  statute  prohibiting  Indians  from  carrying-  firearms  of  any  kind  out- 
side a  reservation,  and  authorizing  the  seizure  and  confiscation  of 
such  arms.  Colorado  mentions  the  Indian  only  in  connection  with 
other  persons  affected  by  the  law,  so  that  in  this  State  his  relations  to 
the  game  law  do  not  differ  from  that  of  others.     Arizona  provides: 

Any  Indian  who,  in  the  Territory  of  Arizona,  at  any  time,  shall  hunt,  take,  pur- 
sue, kill,  or  destroy  any  game  or  fish  mentioned  in  this  act,  off  the  Government 
reservation  to  which  lie  belongs,  shall  be  guilty  of  a  misdemeanor.  (Laws  of  1905, 
eh.  25,  sec.  22). 

The  game  law  of  North  Dakota  deals  with  this  subject  more  at 
length,  and  is  a  clear  exposition  of  the  status  of  Indians  in  this  coun- 
try. Under  this  law  it  is  illegal  for  an  Indian  who  is  a  ward  of  the 
Federal  Government  to  hunt  anywhere  in  the  State,  except  upon  In- 
dian reservations,  unless  he  takes  out  a  regular  hunting  license.  The 
section  is  as  follows: 

Sec.  7683f.  Indians  subject  to  game  mws. — It  shall  be  unlawful  for  any  Indian  who 
is  a  ward  of  the  United  States  Government  to  hunt  on  any  lands  within  this  State  at 
any  time,  except  upon  such  lands  as  are  known  to  be  Indian  reservation  lands.  It 
shall  be  the  duty  of  the  district  game  wardens,  their  deputies,  and  all  peace  officers 
of  this  State,  to  arrest  any  Indian  found  hunting  in  violation  of  this  act.  It  shall  be 
the  duty  of  the  States  attorney  in  any  county  within  this  State  to  prosecute  any 
Indian  so  arrested  under  the  provisions  of  this  chapter,  and,  upon  conviction,  such 
Indian  shall  be  deemed  guilty  of  a  misdemeanor  and  be  punishable  by  a  fine  of  not 
less  than  twenty  dollars  nor  more  than  fifty  dollars,  or  may  be  imprisoned  in  the 
county  jail  not  less  than  ten  days  nor  more  than  thirty  days,  or  may  be  subject  to 
both  such  fine  and  imprisonment;  provided,  that  the  provisions  of  this  section  shall 
not  apply  to  any  Indian  who  takes  out  a  permit  to  hunt  as  provided  for  other 
persons. 

The  peculiar  character  of  Indian  reservations,  in  view  of  the  rela- 
tion of  the  land  to  the  State  or  Territory  in  which  situated  and  of  the 
Indian  to  the  General  Government,  makes  it  important  that  the  ques- 
tion of  jurisdiction  in  cases  of  violation  of  the  game  and  fish  laws  on 
Indian  reservations  or  by  reservation  Indians  shall  be  clearly  stated. 

On  March  3, 1885,  Congress  passed  an  act  relating  to  Indian  reserva- 
tions defining  certain  acts  as  crimes  and  giving  jurisdiction  of  offenses 
under  the  act  to  the  Federal  Government.  (23  Stat.,  385).  The  list 
of  crimes  included  nothing  relating  to  game  as  such.  Since  this  act 
was  passed  several  questions  have  been  raised  and  the  decisions  of  the 
higher  courts  have  made  its  interpretation  so  clear  that  its  construc- 
tion is  easy.  The  United  States  Supreme  Court  in  United  States  /•. 
Kagama  (118  U.  S.,  375)  decided  that  Congress  had  jurisdiction  to 
pass  the  act  and  the  right  to  give  jurisdiction  to  the  Federal  courts. 
Justice  Miller  in  announcing  the  decision  of  the  court  sa}Ts: 

These  Indian  tribes  are  the  wards  of  the  nation.  They  are  communities  dependent 
on  the  United  States;  dependent  largely  for  their  daily  food;  dependent  for  their 
political  rights.  They  owe  no  allegiance  to  the  States,  and  receive  from  them  no 
protection.     *    *    *    From  their  very  weakness  and  helplessness,  so  largely  due  to 


i.\m  \n    i;i  -i  i;\  \  ii" 

(I,,-  course  q(   dealing  ol   the  Federal  Govern menl  with  them,  and  th<    I 

which  it  ha-  i'.vn  promised,  thei  the  duty  "i  protection,  and  with  it  the 

powi  ■  lias  alwaj  -  been  recognised  bj  the  Executive  and  bj  <  longress,  and  b) 

court,  whenever  the  question  1  The  power  of  tin  i  rnment 

these  remnant  once  powerful,  qom  weak  and  diminished  in  numbers, 

\  to  their  protection,  as  well  as  to  the  Bafety  of  those  an g  whom  they 

It  must  exi*«t  in  that  Government  because  it  never  has  existed  any  when 
the  theatei  of  it-  exercise  i-  within  the  geographical  limit.-  of  the  United 
s,  U-c.iu-e  it  h ..-  ;.!  vcr  I  •ecu  denied,  and  l><  rau-e  it  alone  can  enforce  its  lavs  -  on 
the  tribes. 

The  statement  at  the  outset  of  this  quotation  that  the  u  Indian 
tribes  are  the  wards  of  the  nation"  is  the  keynote  to  the  question  of 
jurisdiction.     In  State  •  •.  Campbell  (53  Minn..  354)  the  court  Baid: 

The  jurisdiction  of  the  Federal  Government  over  these  Indian  tribes  rests,  not 
upon  the  ownership  of  and  sovereignty  over  the  country  in  which  they  reside,  but 
upon  the  fact  that,  a-  the  wards  of  the  General  Government,  they  are  the  subjects 
of  federal  authority  \\  ithin  the  States  as  well  as  w  ithin  the  Territories. 

In  general  it  may  be  said  that  while  the  State  laws  extend  over  and 
may  be  enforced  upon  Indian  reservations  when  violated  by  white 
people  oi-  nontribal  Indians,  yet  State  authorities  have  no  power  to 
enforce  the  laws  upon  the  tribal  Indian  on  his  resen  at  ion.  The  U.S. 
district  court  of  Wisconsin  ha- -aid.  ' Congress  having  assumed  juris- 
diction to  punish  for  criminal  offenses,  that  jurisdiction  i-  exclusive.'0 
It  add-  that  while  Congress  might  provide  fish  and  game  laws  for 
Indian-,  it  has  not  done  so,  and  add-  that  it  would  he  intolerable  if  the 
State  should  have  power  to  step  in  and  extend  it-  civil  and  criminal 
code-  and  police  power  over  these  people.6  Covering  this  same  point, 
the  Minnesota  supreme  court,  in  deciding  the  case  of  State  v.  Camp- 
bell, said: 

By  the  act  of  lss">  presumably  Congress  has  enumerated  all  the  acts  which,  in  their 
judgment,  ought  to  be  made  crimes  when  committed  by  Indians,  in  view  of  their 

imperfect  civilization.      For  the  State  to  be  allowed  to  supplement  this  by  making 

I  every  act  a  crime  on  their  part  which  would  be  such  if  committed  by  a  member  of 
our  more  highly  civilized  society  would  he  not  only  inappropriate,  but  also  practi- 
cally to  arrogate  the  guardianship  over  these  Indian-,  which  is  exclusively  vested  in 
the  <  leneral  <  rovernment. 

The  jurisdiction  of  the  United  Mate-  over  the  Indian-  on  a  reserva- 
tion remains,  even  though  the  lands  have  been  allotted  in  severalty, 
the  title  of  the  reservation  still  remaining  in  the  United  States. 

In  L899  the  hoard  of  game  and  fish  commissioners  of  Minnesota 
brought  an  action  of  replei  in  for  the  meat  of  1-t  deer  found  in  posses- 
sion of  an  Indian  on  the  White  Earth  Reservation  after  the  expiration 
of  the  time  during  which  the  State   law  permitted  the  possession  of 

a  In  re  Blackbird,  109  Fed.,  139. 

&In  re  Blackbird,  supra. 

cln  re  Lincoln,  129  Fed.,  247  (Calif.,  l'.KM). 


94  GAME    eo.M .MISSIONS    AND    WARDENS. 

venison.  It  was  claimed  that  the  deer  were  killed  on  the  reserva- 
tion by  tribal  Indians  during  the  open  season  and  bought  by  one  of 
the  Indians,  Julia  Selkirk,  who  held  them  to  sell  to  Indians  on  the 
reservation,  no  part  of  the  meat  having  been  removed  or  having  been 
intended  to  be  removed  from  the  reservation.  The  supreme  court  of 
Minnesota  decided  that  the  relationship  of  Indians  to  the  Federal  Gov- 
ernment and  certain  special  circumstances  connected  with  the  White 
Earth  Reservation  gave  the  Indians  the  right  to  hold  and  deal  among 
themselves  in  deer  meat  on  the  reservation  at  a  time  when  the  posses- 
sion and  sale  of  such  meat  were  prohibited  by  the  State  law.  The  court 
was  not  unanimous,  however.  Two  of  the  live  justices,  including  the 
chief  justice,  dissented  from  this  opinion,  holding  that-  the  State  had 
the  right  to  reclaim  its  own  property.     They  said: 

In  view  of  the  fact  that  tribal  Indians  who  have  not  adopted  the  habits  of  civilized 
life  are  accustomed  to  depend  largely  on  the  fruits  of  the  chase  for  their  food,  it  may 
be  necessary  that  they  should  be  allowed  to  kill  game  for  that  purpose  on  their 
reservations  all  the  year,  irrespective  of  the  closed  season,  under  State  laws.  But 
there  is  no  necessity  that  they  should  be  allowed  to  kill  it  for  the  purpose  of  sale  to 
others. 

And  further: 

It  may  be  that  the  remedies  of  the  State  for  the  enforcement  of  these  laws  are 
incomplete,  so  far  as  the  persons  of  the  Indians  are  concerned;  but,  if  so,  it  is  not 
because  the  laws  do  not  apply  to  Indians,  but  because  of  the  exclusive  guardianship 
of  the  Federal  Government  over  tribal  Indians  on  a  reservation. « 

While  the  exemption  of  tribal  Indians  on  reservations  from  the 
State  laws  protecting  fish  and  game  seems  thus  to  be  generally  main- 
tained, on  the  other  hand,  the  jurisdiction  of  the  State  authorities 
over  Indians  committing  offenses  off  their  reservations  and  nontribal 
Indians  anywhere  seems  to  be  no  less  strongly  upheld.  In  1898  the 
supreme  court  of  Minnesota  maintained  the  right  of  State  game  officials 
to  seize  in  transit  game  that  had  been  killed  on  the  White  Earth 
Reservation  by  Indians  during  the  open  season  and  sold  to  an  Indian 
on  the  reservation,  who  undertook  to  ship  it  out  of  the  State.  The 
court  stated,  in  deciding  this  case: 

It  is  unnecessary  to  and  we  do  not  decide  whether  the  State  may  or  may  not 
interfere  with  game  which  is  unlawfully  in  the  possession  of  Indians  on  the  reserva- 
tion. But  we  do  hold  that  when,  as  in  this  case,  game  is  once  off  this  reservation, 
and  in  the  possession  of  any  person  or  corporation  in  violation  of  the  law,  it  may  be 
seized  and  confiscated  by  its  proper  officers,  without  reference  to  where  or  by  whom 
it  was  killed.  6 

The  well  known  case  of  Ward  v.  Race  Horse  (70  Fed.,  598;  163 
U.  S.j  501) c  was  decided  along  this  same  line.     Race  Horse,  a  member 

"State  v.  Cooney  (Selkirk  intervening)  80  N.  W.,  696  (Minn.,  1899). 
&  Selkirk  v.  Stevens,  75  N.  W.,  386  (Minn.,  1898). 

c  See  also  account  of  this  case  by  Hon.  W.  A.  Richards,  governor  of  Wyoming, 
in  Recreation,  Vol.  12,  pp.  443-447,  1900. 


INDIA* 

of  tli«'  Bannock   tribe  of   Indians   residing  on  the   Fori    Mall   [ndian 

nation   iii    Idaho,  killed   7  elk   in  October,  L 895,  on   unoccupied 

lands  of  the  United  States  in   Uinta  County,  Wyo.,  aboul  20  milea 

southeast  of  Mount  1  Loback,  and  about  1 dies  from  the  reservation, 

oontran  to  the  pro>  isions  of  the  laws  of  W  yoming,  1 1<-  was  arrested 
and  imprisoned  by  John  !I.  Ward,  sheriff  of  Uinta  County.  The 
United  States  attorney  for  that  district  secured  a  writ  of  habeas  cor 
pus  in  behalf  oi  Race  Horse  from  the  circuit  court  of  the  I  nited 
Stale-  for  tlic  district.  The  contention  was  made  that  asthe  United 
States  had  in  L  868  made  a  treat}  with  the  Bannock  Indians,  to  which 
tribe  Race  Horse  belonged,  guaranteeing  them  the  right  t<>  hunt 
upon  the  unoccupied  lands  of  the  United  States  "so  long  as  game 
may  be  found  thereon  and  so  long  as  peace  subsists  among  the  whites 
and  Indian-  on  the  borders  of  the  hunting  districts,"  the  game  law  of 
Wyoming,  in  so  far  as  it  undertook  to  punish  a  member  of  this 
tribe,  was  void,  because  in  contravention  of  the  treaty,  and  that, 
therefore,  the  arrest  and  detention  of  Race  Horse  were  unwarranted. 
The  circuit  court  upheld  this  contention  and  discharged  Race  Horse, 
The  case  was  appealed  by  Ward,  the  sheriff,  to  the  Supreme  Court  of 
the  United  State-,  which  held,  in  a  decision  rendered  in  May.  L896, 
that  the  treaty  made  by  the  United  States  with  the  Bannock  Indians 
did  not  give  them  the  right  to  hunt  within  the  limits  of  the  State 
of  Wyoming  in  violation  of  its  laws  after  the  admission  of  Wyo- 
ming a-  a  State  into  the  Union.  In  the  act  creating  the  Territory  of 
Wyoming  the  rights  of  the  Indians  under  treaty  had  been  expressly 
reserved,  hut  not  so  in  the  act  enabling  Wyoming  to  come  into  the 
Union  a-  a  State,  and  the  court  held  that  the  obligations  of  the  treaty 
were  annulled   by  the  admission  of  the  State  into  the  Union. 

In  this  case  the  Supreme  Court  virtually  decided  that  in  the  absence 
of  a  treaty  to  that  effect  an  Indian  hunting  off  his  reservation  is  subject 
to  the  State  laws,  even  though  hunting  on  unoccupied  lands  of  the 
United  States.  Although  the  point  was  not  directly  raised  and  formed 
no  part  of  the  question  involved  in  the  decision,  yet  enough  was  -aid 
by  the  court  to  set  at  rest  the  contention  sometimes  urged  that  the 
game  law  of  a  State  i>  not  operative  upon  unoccupied  lands  of  the 
United  States  within  that  State,  and  the  decision  is  authority  against 
such  a  contention. 

From  the  foregoing  considerations  it  may  he  said  that  generally 
Bpeaking  the  Mate  has  no  jurisdiction  in  the  case  of  a  disregard  of  it- 
game  laws  by  a  tribal  Indian  on  his  reservation,  hut  that  it  has  jurisdic- 
tion when  is  game  Laws  are  violated  by  an  Indian  off  bis  reservati*  n, 
or  by  any  person  other  than  an  Indian  on  an  Indian  reservation.  In 
view,  however,  of  the  peculiar  relation-  of  the  Federal  Government  to 
the  Indian-,  and  the  many  treaties  and  acts  of  Congress  in  force,  when- 
ever it  is  sought  to  enforce  the  game  law-  on  Indian  reservations  the 
exact  status  of  the  reservation  in  question  should  be  ascertained. 


96  GAME    COMMISSIONS    AND    WARDENS. 

Although  the  legal  status  of  the  Indian  on  or  off  the  reservation  has 
thus  been  materially  elucidated  by  recent  decisions  of  the  courts,  and 
State  officers  have  been  given  authority  to  call  sheriffs  and  peace  officers 
to  their  assistance  and  to  raise  a  posse  when  necessary,  the  practical 
difficulty  of  controlling  Indians  in  some  of  the  Western  States  still 
continues.  When,  as  sometimes  happens,  bands  of  Indians  leave 
their  reservations  on  hunting  trips  into  adjoining  counties  or  States, 
the  warden  service  is  practically  powerless  to  prevent  their  depreda- 
tions and  frequently  it  becomes  necessary  to  call  out  troops  to  return 
the  Indians  to  their  reservations.  During  the  past  ten  years  Indian 
depredations  have  been  most  frequent  in  Colorado.  Minnesota,  New 
Mexico,  and  Wyoming.  In  order  to  show  the  character  of  these 
depredations,  mention  may  be  made  of  some  of  the  more  important 
recent  raids. 

Reference  has  already  been  made  to  the  raid  which  occurred  in 
Colorado  in  Rio  Blanco  County  in  1902.  (See  p.  50.)  Another  notable 
incursion  of  the  same  kind  was  that  of  the  White  River  Utes,  who  invaded 
the  western  part  of  Routt  Count}7,  Colo.,  on  Little  Snake  River,  in 
October,  1897.  According  to  the  report  of  the  commission  which  was 
appointed  to  investigate  this  affair,  nearly  200  Indians  had  left  their 
reservation  for  a  hunting  trip  in  Colorado.  At  one  point,  where  27 
Indians  were  encamped,  10  or  50  fresh  deer  hides  and  2  fresh  carcasses 
of  deer  were  found  by  a  party  of  10  wardens  and  2  unarmed  citizens. 
The  wardens  endeavored  unsuccessfully  to  induce  the  Indians  to  sub- 
mit to  arrest  or  to  leave  the  State.  In  the  conflict  which  followed 
two  Indians  were  killed  and  a  squaw  was  wounded.  a 

In  Minnesota  complications  arose  about  1897  or  1898  through 
Indians  leaving  their  reservation  and  killing  deer  after  the  close  of  the 
season  for  sale  to  Indian  traders.6 

In  Montana  in  1899  Crees  and  half-breeds  from  Canada  engaged  in 
the  wholesale  slaughter  of  deer  along  the  Missouri  River.  These 
Indians  have  no  reservation,  and  wander  over  the  country  gaining  a 
living  as  best  they  can,  and  destroy  large  quantities  of  game.-  More 
than  once  they  have  been  rounded  up  by  troops,  taken  to  the  border, 
and  formally  expelled  from  the  United  States,  only  to  drift  back 
across  the  line  in  a  short  time.  They  kill  at  any  time  of  the  year  and 
use  dogs  to  run  game,  in  violation  of  law/ 

In  New  Mexico  in  1905  a  number  of  Indians  from  Isleta  made  a 
hunting  trip  to  the  Datil  Mountains,  in  the  western  part  of  Socorro 
County.  This  incursion  not  only  threatened  the  existence  of  the  deer 
and  antelope  in  that  region,  but,  it  was  feared,  would  bring  on  serious 
trouble  with  the  settlers. 

«D.  C.  Beaman  in  Forest  and  Stream,  L,  p.  27,  Jan.  8,  1898. 

1>S.  F.  Fullerton  in  Forest  and  Stream,  LI,  p.  509,  Dec.  24.  1898; 

t' Forest  and  Stream,  LIU,  p.  501,  Dec  23,  1899;  LV,  p.  421,  Dec.  1,  1900. 


INDIAN     RAH 

In  Wyoming  depredation*!  bj  Indians  occurred  in  Natrona  County 
in  1894  and  in  Uinta  Count}  in  L895.  The  latter  raid,  made  bj  a  band 
of  Bannocks  from  the  Fori  Hull  Reservation,  was  quelled  by  the  troops 
and  ultimately  resulted  in  the  celebrated  case  of  Ward  v,  Race  Horse, 
which  was  carried  up  to  the  Supreme  Court  in  L896,  and  to  which 
reference  has  already  been  made.  (See  p.  94  \.  <  me  of  the  most  serious 
raids  winch  has  occurred  in  the  State  t<><>k  place  as  late  as  L906 
and  required  the  calling  out  of  troops  before  the  Indian-*  could  be 

fOnl  lolled. 

Regarding  this  raid  the  State  warden  Bays: 

About  the  most  exasperating  occurrence  of  the  year  connected  with  our  game 
interests  was  the  invasion  of  <  in*  State  by  bands  of  [ndians  from  (  k>lorad<  i  or  Utah — 
perating  because  we  were  utterly  powerless  to  prevenl  their  lawless  acts  or  to 
have  them  punished.     These  India  >r  Piutes    were  in  such  strength  tliat  all 

the  wardens  and  peace  officers  of  the  State  (if  they  could  have  acted  in  concert) 
w«.ui,l  have  been  absolutely  unable  to  control  them,  [ndeed,  I  am  positively  certain 
that  the  total  militia  strength  of  the  State  could  not  have  arrested  these  Indians,  and 
any  attempt  by  an  inferior  force  would  have  resulted  in  a  conflict  and  consequent 
bloodshed. 

From  the  time  they  entered  the  state  until  they  were  removed,  these  Indians 
violated  our  game  laws  with  impunity,  killing  every  live  wild  thing  thai  came  their 
way.  Hundreds  of  Bage  hens,  -core-  of  antelope,  and  many  deer  were  slaughtered. 
The  Indians  were  well  armed  and  apparently  fully  conscious  of  their  ability  to  laugh 
at  local  officers.  At  a  personal  conference  with  the  governor  in  August  concerning 
the  act-  of  these  Indians.  I  was  advised  not  to  act  in  such  manner  as  to  precipitate  a 
conflict  that  might  result  in  the  loss  of  score-  of  lives. 

From   information   furnished  by  reputable  ranchmen  of  the   Whisky  Gap  section 

it  appears  that  two  bands  of  Indians  passed  through   that  country;  the  first,  about 

number,  claimed  to  be  I'tes;  the  second,  almost  as  numerous,  called  them- 

■elves  "  Piutes,"  both  hands  giving  White  Rock  Reservation  as  their  starting  place. 

Special  Assistant  Warden  <  ruy  Signor,  of  I  [alley,  \\  ho  made  personal  investigation, 
reports  as  follows:  "On  or  about  July  20  about  500  Indians  (Utes)  came  to  Har- 
per's ranch.  They  camped  on  Whisky  Creek  for  live  days,  using  Harper's  fence 
for  fuel.  From  this  camp  about  50  Indians  made  a  circuit  of  the  surrounding 
Country  as  far  as  Ferris  Mountains,  Sweetwater,  and  Sharp'-  ranch,  rounding  up  about 
fifty  antelope. 

••  About  the  4th  of  August  another  hand  of  52  tepees,  claiming  to  lie  •  Pirn 
through  that  country.     These  Indian-  |  the  Piutes  I  were  also  painted  and  were  armed 
with  modern  smokeless  rifles. "  *    * 

Leaving  the  Whisky  Gap  and  Splitrock  country  these  Indian-  went,  by  way  of 
l>oiiL:la>,  through  Converse,  Weston,  and  Crook  counties,  stripping  the  country  of 
wild  game  wherever  they  traveled.  In  the  latter  part  of  August,  Special  Assistant 
David  <  >.  Johnson,  of  Newcastle,  complained  to  me  that  the  Indians  were  killing  ante- 
lope by  the  score  in  the  Pumpkin  Butte  section,  and  that  he  was  powerless  to  deal 
with  the  situation,  suggesting  that  I  appeal  to  the  governor.  Being  without  funds 
at  that  time,  any  attempt  by  this  office  to  call  out  a  posse  I  under  section  2101,  <  Same 
Lau.-j  strong  enough  to  arrest  the  Indians  would  have  been  utterly  farcical.  Every 
pioneer  in  the  West  knows  by  experience  that  a  mere  show  of  authority  has  no  effect 
upon  a  band  of  armed  Indians,  except  to  call  forth  contemptuous  insult.  Numbers 
and  equipment  must  be  Sufficient  to  overawe  them,  or  a  conflict  is  the  inevitable 
result.     *     *     * 


98  GAME    COMMISSIONS    AND    WARDENS. 

Fortunately  the  governor's  requisition  for  Federal  troops  resulted  in  ridding  the 
State  of  these  Indians,  who  not  only  slaughtered  our  wild  game  but  were  a  very 
serious  menace  to  the  lives  and  property  of  our  citizens.  (Ann.  Rept.  State  Game 
Warden,  Wyoming,  1908,  pp.  17-19.) 

ALIENS. 

In  concluding  this  discussion  of  game  law  enforcement  it  seems 
desirable  to  call  attention  to  a  problem  which  already  has  assumed 
alarming  proportion-. 

In  the  last  few  years  our  game  laws  have  been  defied  by  a  certain 
lawless  element  of  unnaturalized  foreigners  who.  in  some  of  the  more 
northern  States,  persistently  and  willfully  violate  them  by  hunting  in 
close  season,  and  especially  by  killing  nongame  birds,  which  are  pro- 
tected at  all  times.  These  people  appear  to  assume  that  the  United 
State-  is  a  country  where  unrestrained  license  should  exist,  if  it  does 
not.  and  defy  officers  of  the  law  and  disregard  the  rights  of  property. 
They  roam  the  woods  and  fields  with  guns,  paying  no  attention  what- 
ever to  signs  forbidding  trespass,  and  frequently  either  insult  or 
assault  landowners  who  protest  against  their  illegal  acts.  As  several 
usually  hunt  together,  and  are  ready  to  assist  each  other  to  the  last 
extremity,  the  warden  who  undertakes  to  execute  the  laws  often  finds 
the  task  difficult  and  even  hazardous.  In  several  instances  wardens 
and  constables  have  been  fatally  shot  or  stabbed  when  attempting  an 
arrest.  Four  wardens  were  killed  and  several  others  seriously  injured 
by  aliens  in  Pennsylvania  during  1906.  Railroads  in  certain  sections 
of  the  country  employ  foreigners  as  laborers  on  their  roadbeds,  and 
camps  are  established  along  the  right  of  way.  On  off  days,  especially 
Sundays,  these  laborers  scour  the  surrounding  country  in  pursuit  of 
any  and  all  kinds  of  birds.  Fines  assessed  against  them  are  paid  with 
remarkable  readiness,  even  when  the  amount  is  large,  for  the  reason 
that  several  form  a  pool,  and  out  of  the  sum  thus  obtained  pay  any 
line  imposed  upon  one  of  their  number. 

One  of  the  most  important  cases  of  this  kind  occurred  recently  in 
Iowa,  where  113  Italian  laborers  were  arrested  July  11. 19<>7.  near  Rock 
Rapids,  charged  with  violating  the  game  law.  Eighteen  of  them  plead 
guilty,  and  the  total  fines  exceeded  8500.     The  details  were  as  follows: 

Deputy  Game  Wardens  A.  M.  Green  and  H.  H.  Yordy,  with  Sheriff  Wheatly  and 
20  special  deputy  sheriffs,  reached  Rock  Rapids  on  the  Great  Northern  at  1  o'clock 
this  morning  [July  12]  with  113  Italian  laborers,  together  with  IS  shotguns,  traps. 
dead  game,  and  other  evidences  of  hunting. 

All  of  the  defendants  were  arraigned  in  Justice  George  Monloux's  court  at  9  o'clock. 
and  agreed  to  deliver  up  the  ones  guilty  of  violating  the  game  law  if  the  officers  would 
withdraw  the  charges  against  those  they  claimed  were  innocent.  Eighteen  were  then 
accused  by  their  fellow-prisoners  ami  pleaded  guilty  to  25  counts,  and  were  assessed 
a  fine  of  S29.b0  each.     This  they  paid  and  were  discharged. a 


a  Am.  Field,  LXVIII,  p.  51,  July  207  1907. 


ALII    K8. 

\  arious  measures  have  been  taken  t<»  meet  the  alien  problem.  Some 
States  have  printed  their  game  laws  in  foreign  languages  and  p< 
thriii  iii  conspicuous  place-.  Others  have  instructed  their  wardens 
to  explain  them  to  foreigners.  The  game  commissions  of  several  States 
have  recommended  drastic  legislation.  New  York  now  prohibits  the 
possession  or  carrying  of  firearms  by  alien-  in  anj  public  place. 
Alabama,  Florida,  Louisiana,  Maine.  Pennsylvania,  South  Carolina, 
Texas,  Utah,  and  Wyoming  require  aliens,  or  unnaturalized  foreign- 
born  residents,  to  pa j  the  same  fee  for  a  hunting  license  that  Is  exa 

of  a  nonresident.     Massachusetts  has  established  a  special  f t"  (15 

for  unnaturalized  foreign-born  residents  who  desire  to  hunt,  while 
nonresident  aliens  are  excluded  from  the  privilege  altogether;  Con 
necticnt  requires  an  alien  license  of  $15,  while  the  fee  for  the  ordinary 
nonresident  license  is  onlj  $10;  California  an  alien  license  of  $25  and 
nonresident  license  of  $10.  Washington  requires  an  alien  t<>  pay  $50. 
The  problem  is  so  recent  that  it  is  perhaps  too  soon  t<>  look  for  it-  final 
solution,  but  doubtless  the  earnest  efforts  being  made  to  solve  it  will 
show  definite  results  before  long,  and  such  lawless  practices  will  l>«* 
checked,  if  not  entirely  suppressed. 

135&— No.  28— <»7 8 


PART  II.— SUMMARIES  OF  THE  PROVISIONS  RELATING  TO 
ENFORCEMENT. 

The  second  part  of  this  bulletin  is  an  epitome  of  the  more  important 
provisions  of  the  game  laws  relating  to  enforcement.  Except  in  a 
few  cases,  the  subject-matter  is  grouped  under  four  main  headings: 
(1)  Officials.  (2)  other  officers.  (3)  game  protection  fund,  and  (4)  admin- 
istrative provisions,  each  of  these  headings  being  given  the  same 
number  under  each  State  to  facilitate  comparison.  Miscellaneous  and 
special  provisions  are  incorporated  under,  or  interpolated  between, 
the  main  paragraphs.  Effort  has  been  made  to  condense  statements 
into  the  briefest  possible  form,  but  the  full  text  of  the  law  containing 
the  provisions  can  readily  be  consulted  on  referring  to  Part  III. 

ALABAMA. 

(1 )  Officers:  State  game  and  fish  commissioner;  office  established  February  19. 
1907;  term,  four  years;  bond,  $5,000;  salary,  $2,500  per  annum;  office  clerk  allowed 
at  compensation  of  $2  per  day  while  actually  employed. 

Duties  and  powers. — To  publish  and  distribute  the  game  and  fish  laws  in  pamphlet 
form;  to  make  a  quadrennial  report  of  the  operations  of  his  office  to  the  governor;  to 
enforce  the  game,  bird,  and  fish  laws;  to  issue  permits  for  capture  and  transportation 
of  birds  for  scientific  and  propagating  purposes;  to  seize  game  and  birds  illegally 
taken,  killed,  possessed,  or  shipped;  vested  with  power  of  sheriffs  and  constables  to 
serve  criminal  process. 

County  game  and  fish  warden. — One  for  each  county,  appointed  by  commissioner; 
term,  four  years;  bond,  3500;  compensation,  one-half  fines  collected  in  his  county  for 
infractions  of  game  and  fish  laws;  fees  of  a  constable  for  similar  services  and  S3  per 
day  when  acting  upon  special  instructions;  vested  with  same  power  as  commissioner 
in  enforcing  game  laws. 

(2)  Other  officers:  Sheriffs,  deputy  sheriffs,  marshals,  constables,  and  other  peace 
officers  are  ex  officio  game  and  fish  wardens. 

(3)  Game  protection  fund:  All  hunting,  scientific  collecting,  and  propagating 
license  fees,  and  one-half  fines,  penalties,  and  forfeitures  arising  under  the  game  laws 
constitute  the  State  game  fund. 

(4)  Administrative  provisions:  Possession  of  artificial  light  while  hunting  is 
prima  facie  evidence  of  its  use  to  hunt  deer;  violation  as  to  each  animal  or  bird  is  a 
separate  offense,  and  two  or  more  offenses  may  be  charged  in  the  same  indictment, 
complaint,  or  affidavit;  violation  as  to  any  number  of  animals  or  birds  of  the  same 
kind  may  be  charged  in  the  same  count  and  punished  as  a  separate  offense  as  to  each, 
and  proof  as  to  part  of  a  bird  or  animal  is  sufficient  to  sustain  charge  as  to  whole. 
Corporations  may  be  arrested  and  constructively  brought  into  court  by  reading  the 
warrant  to  the  president,  secretary,  or  manager  in  the  State,  or  any  agent  thereof  in 
any  county  where  action  or  indictment  is  pending;  any  fine  imposed  upon  a  corpora- 
tion may  be  collected  by  execution  against  its  property.     Licensees  are  required  to 

100 


\l.\i:  \m\      CALIFORNIA.  1  >  •  1 

their  licenses  with  them;  a  false  statement  In  pi 

>f  is  punishable  b)  fineol  I  ircuit  judges  and  judges  with* 

jurisdiction  must  give  the  game  lawi  In  charge  to  the  grand  juries  and 

inquiry  into  infractions  thereof. 

I-   secution  must  be  begun  within  60  days  before  a  justice  of  the  p<  rithin 

one  year  when  jurisdiction  is  in  city,  county,  or  circuit  com 

ALASKA. 

Officers:    Marshals,   deputy   marshals,  collectors  and   deputy   collectore  of 

is,  and  officers  of  revenue  cutters  required  toassisl  in  enforcing  the  game  laws; 

als  and  deputy  marshals  may  arrest,  without  warrant,  persons  found  violating 
law  ami  may  seise  without  warrant  game,  traps,  nets,  guns,  boats,  or  other  parapher- 
nalia used  in  violation  of  law:  collectors  ami  deputy  collectors  of  customs  or  any 

:  appointed  in  writing  by  a  marshal  may  seize,  without  warrant,  said  pn  | 
and  deliver  it  to  a  marshal. 

Prosecution  must  be  begun  within  three  years. 

ARIZONA. 

Officers:  Fish  and  game  commissioners;  commission  established  1887;  com- 
of  three  members,  one  to  serve  as  business  agent;  term,  two  year-:  uo  -alary. 

D  ties  a   ■•',■ •-.   -To  report  annually  to  the  governor,  with  recommendations  for 

ative  action;  to  enforce  the  laws:  to  provide  for  distribution  and  protection  of 

imported  game  and  native  birds;  to  p  et  prn  ate  grounds  upon  consent  of  the  owners; 

ie  hunting  licenses.     Authorized  to  appoint,  without  expense  to  the  Territory, 

its,  who  shall  be  vested  with  the  powers  of  sheriffs  to  make  arrests. 

2     Other  officers:  Peace  officers  required,  under  penalty    $25  .  t<>  arrest  viola- 

(  the  game  law  ami  to  take  them  before  any  judicial  officer  competent  to  try 

the  offense. 

Game  protection  fund:  Nonresident  license  fees  and  fines  for  trespassing  on 
!  lands  to  be  paid  to  commissioners  and  used  for  enforcement  of  game  laws. 
(4)  Administrative  provisions:  Possession  of  game  without  evidence  of  law- 
ful taking  prima  facie  evidence  of  trapping  or  snaring  in  violation  of  law;  one-half 
of  iines  to  be  paid  to  person  furnishing  evidence,  the  other  half  to  school  fund. 
Commissioners  and  deputies  have  power  to  arrest,  without  warrant,  any  person  in 
the  act  of   violating  the  law  . 

Prosecution  must  be  begun  within  two  years. 

ARKANSAS. 

Officers:  Sheriff-  and  constables  are  e\  officio  game  wardens,  and  deputy 
sheriffs  deputy  game  wardens.  They  are  required,  under  penalty,  to  make  arrests 
and  prosecute  violations  of  the  game  laws,  and  need  not  give  bond  for  costs. 

4  Administrative  provisions:  Justice  of  the  peace,  upon  information  of  viola- 
tion of  law.  required  to  issue  warrant  directed  to  any  peace  officer  commanding  him 
to  arrest  the  offender,  who  shall  he  tried  at  once.  Officer  failing  to  serve  warrant 
guilty  of  nonfeasance  in  office,  ami  upon  conviction  Liable  to  fine  of  not  less  th. 
or  more  than  $100  and  forfeiture  of  office.  Whole  fine  for  violation  of  game  laws 
paid  to  officer  making  arrest  and  securing  conviction. 
Prosecution  must  be  begun  within  one  year. 

CALIFORNIA. 

(1)  Officers:  Board  of  fish  commissioners;  established  April  2,  1870;  jurisdiction 
extended  to  game  in  1878;  members  serve  during  pleasure  of  governor;  no  compen- 
sation. 


102  GAME    COMMISSIONS    AND    WARDENS. 

Duties. — To  supervise  enforcement  of  la\\>  for  the  protection  of  fish  and  game;  to 
provide  for  distribution  and  protection  of  game  birds  imported  for  propagation;  to 
report  biennially  to  governor. 

Assistants. — Board  may  appoint  necessary  assistants,  one  of  whom  shall  be  chief 
deputy  and  receive  such  salary  as  maybe  fixed  by  board.  Assistants  vested  with 
powers  of  sheriffs  and  authorized  to  make  arrests  anywhere  in  State. 

County  fish  and  game  wardens,  one  for  each  county,  appointed  by  county  boards  of 
supervisors;  term  two  years;  bond  fixed  by  board;  salary,  $50  to  $125  per  month, 
according  to  population  of  county;  allowance  for  expenses,  $25  per  month,  both 
paid  from  county  treasury.  County  wardens  required  to  enforce  game  laws  and 
county  ordinances  and  vested  with  all  the  powers  of  peace  officers  to  make  arrests 
for  violations. 

(3).  Game  protection  fund:  Hunting  license  fees  and  fines  for  violation  of  game 
laws  constitute  a  fund  in  State  treasury  to  be  used  for  payment  of  expenses  of  prose- 
cutions and  for  protecting,  restoring,  and  introducing  game. 

(4)  Evidence:  Proof  of  possession  of  birds  or  animals  which  show  no  evidence 
of  capture  otherwise  than  by  net,  trap,  or  similar  device  is  prima  facie  evidence  of 
illegal  taking  or  killing  by  holder;  licensee  refusing  to  exhibit  his  license  to  any 
officer  authorized  to  enforce  game  laws  or  any  peace  officer  is  guilty  of  misdemeanor. 

Prosecution  for  felony  (killing  elk)  must  be  begun  within  three  years;  for  a  mis- 
demeanor, one  year. 

COLORADO. 

(1)  Officers:  State  game  and  fish  commissioner;  office  originally  established  in 
1891,  reorganized  in  1899;  term,  two  years;  bond,  §5,000;  salary,  $1,800  per  annum 
with  allowance  for  necessary  traveling  expenses  not  to  exceed  $600,  and  clerk  at 
salary  of  $1,000  per  annum.  i 

Duties  and  powers. — To  publish  the  game  and  fish  laws  and  regulations  biennially 
for  general  distribution,  at  an  expense  not  to  exceed  $300;  to  prescribe  rules  and 
regulations  necessary  to  carry  out  the  purpose  of  the  law  and  to  prepare  the  forms 
necessary  for  such  purpose;  to  cause  prosecutions  to  be  instituted  and  conducted. 
The  commissioner  has  the  powrers  of  sheriffs  and  constables  throughout  the  State, 
and  when  necessary  may  call  to  his  aid  the  sheriff  of  any  county,  with  his  posse,  or 
may  himself  summon  such  posse  without  intervention  of  sheriff;  he  may  bring  civil 
action  for  damages  or  for  possession  of  game  illegally  captured  or  in  possession,  and 
may  procure  writ  of  replevin  without  bond;  with  permission  of  governor  he  may 
take  any  game  for  purposes  of  propagation  elsewhere  in  State;  he  must  issue  nonresi- 
dent licenses,  and  may  issue  resident  licenses  and  permits  to  collect  for  scientific 
purposes  in  certain  cases;  may  issue  duplicates  of  lost  permits,  licenses,  and  certifi- 
cates; must  report  biennially  to  governor  the  transactions  of  his  department  and  sum 
mit  necessary  recommendations;  report  to  be  published  at  a  cost  not  exceeding $2005 

Deputy  State  game  and  fish  commissioner,  appointed  by  commissioner,  salary 
$1,500  per  annum  and  allowance  for  necessary  traveling  expenses  not  to  exceed  $400. 

Chief  game  wardens,  five  in  number,  appointed  by  commissioner;  bond,  $1,000; 
salary,  $900  per  annum  and  allowance  for  necessary  traveling  expenses  not  to  exceed 
$300;  must  devote  entire  time  to  duties  of  office;  have  same  power  as  commissioner 
.to  summon  posse. 

Deputy  game  wardens,  not  more  than  ten  at  any  one  time,  appointed  by  commis- 
sioner with  approval  of  governor,  for  a  limited  time;  bond,  $1,000;  compensation  not 
exceeding  $100  per  month  during  actual  employment. 

Special  game  wardens  appointed  by  commissioner;  have  powers  of  deputy  war- 
dens; bond,  $1,000;  receive  no  salary  but  are  entitled  to  certain  fees. 

Guides  licensed  by  State  fish  and  game  commissioner  have  powers  of  deputy 
warden. 


COLORADO.  L08 

imissioner  and  all  wardeni  have  jurisdiction  throughout  Bute,  with  pow( 
sheriff  or  constable;  maj  ae  taken  or  held  Illegally;  may  arrest,  with  or 

without  war  rani,  any  person  believed  to  be  guilty  of  violating  the  law,  and  with  or 
without  warrant  may  open,  enter,  and  examine  any  place  or  package  (dwelling  home 
only  under  warrant  |  where  they  have  reason  t«»  believe  game  illegall)  taken  or  held 
is  t<>  be  found,  and  may  seize  Buch  game;  in  case  of  seizure  ol  game  in  transit  thej 
have  authority,  upon  payment  <•!  reasonable  compensation,  to  tak<  sion  of  and 

me  any  animal  or  vehicle  employed  for  Buch  transportation  (except  such  as  are  used 
as  public  conveyances  of  passengers  or  mail    for  conveying  game  or  prisoner;  they 

[uired  t<>  arrest  any  person  hunting  without  license  when  one  is  required,  and 
may  demand  of  anyone  they  believe  t"  have  hunted  within  the  year  the  produc- 
tion of  and  opportunity  t<>  copy  bis  license;  the  commissioner,  or  any  warden  it' 
directed  by  him,  may  bring  against  any  person  unlawfully  wounding,  killing 

-- in>_r  any  game  animal  or  bird  a  civil  action  in  tin-  name  of  the  State  for  recov- 
ery of  the  value  «>f  such  animal  or  bird  according  to  schedule  of  minimum  values 
prescribed  in  game  act. 

_'  Other  officers:  Sheriffs  and  constables  required  to  enforce  game  laws;  have 
same  special  power-  t<>  arrest,  search,  and  seize  as  are  conferred  on  deputygame 
wardens;  have  authority  to  demand  production  of  hunting  License,  ami  t<»  bring  civil 
action  for  recovery  of  value  of  game  illegally  killed,  wounded,  or  possessed;  and  are 
entitled  to  same  fees  and  perquisites  as  wardens.  District  attorneys  are  required 
to  prosecute  violations  coming  to  their  know  ledge  (when  requested  by  commissioner 
or  other  officer,  such  prosecutions  to  be  under  supervision  of  commissioner).  United 
States  forest  officers  are  vested  by  the  State  with  all  powers  of  deputy  wardens. 

Game  protection  fund:  All  fees  for  licenses  and  permits  issued  by  the  com- 
missioner; entire  proceeds  from  Bale  of  confiscated  game  if  seized  by  commissioner 
or  warden  and  one-half  if  by  sheriff  or  constable;  one-half  fees  for  resident  Licenses 
issued  by  county  clerks;  one-third  of  all  tines  and  of  amounts  recovered  in  civil 
actions  for  unlawful  capture  or  possession  of  game;  and  all  moneys  coming  into  the 
hands  of  the  commissioner  not  otherwise  disposed  of  to  constitute  a  state  game  pro- 
tection fund.  This  fund  to  he  used  in  payment  of  salaries  and  expenses  of  enforcing 
the  law  :  if  fund  is  insufficient  the  deficit  must  be  paid  from  the  genera]  State  fund. 

I  Administrative  provisions:  Prosecutions  may  he  commenced  by  indict- 
ment, information,  or  complaint,  and  district  and  county  courts  and  justices  of  the 

have  concurrent  and  original  jurisdiction  of  all  offenses  against  game  laws 
except  those  relating  to  buffalo  or  the  use  of  dynamite,  explosives,  or  poisonous  or 
Kupefying  substances  in  killing  fish.  Justices  of  the  peace  and  clerks  of  courts 
required  to  report  results  of  all  cases  in  their  courts  to  commissioner  within  twenty 
days  after  determination  thereof.  Person  instituting  prosecution  or  suit  entitle. 1  t^ 
one-third  the  line  or  recovery.  Actions  for  damages  and  for  possession  of  game 
Unlawfully  wounded,  killed,  or  possessed  may  he  joined;  civil  action  does  not  bar 
criminal  prosecution  or  lawful  seizure  of  game.  Fines,  penalties,  and  judgments 
can  not  he  reduced,  remitted,  or  suspended  except  a-  expressly  provided  by  law. 
Warrant  of  arrest  may  he  served  on  corporations  by  reading  to  president,  secretary, 
or  manager  in  the  State  or  any  general  or  local  agent  in  county  where  action  is  pend- 
ing, and  thereafter  the  corporation  is  deemed  in  court  and  Bubject  to  its  jurisdiction, 
and  any  tine  imposed  may  be  collected  by  execution  againsl  its  property.     Violation 

each  animal  or  bird  is  a  separate  offense  and  two  or  more  offenses  may  be 
charged  in  same  complaint,  indictment,  or  information,  and  violations  to  any  num- 
ber of  same  kind  may  he  charged  in  same  count  and  punished  as  separate  off' 
proof  as  to  part  of  an  animal  or  bird  shall  l>e  sufficient  to  sustain  charge  as  to  whole. 
Perquisites.— Commissioner,  wardens,  and  other  officers  instituting  prosecution 
entitled  to  one-third  of  the  tines  and  one-third  of  any  sum  recovered  in  a  civil  suit 
instituted  by  them  on  account  of  game  illegally  wounded,  killed,  or  possessed;  when 


104  GAME    COMMISSIONS    AND    WARDENS. 

arrests  are  made  by  commissioner  or  wardens  they  are  entitled,  in  ease  of  convic- 
tion, to  the  fees  of  constables  in  cases  of  misdemeanor,  but  such  fees  are  paid  only 
when  collected  from  defendant.  Officer  seizing  and  selling  game  is  entitled  to 
mileage  and  $3  per  day  for  time  consumed,  to  be  paid  from  proceeds  of  sale. 

Evidence. — Possession  of  game  unaccompanied  by  proper  license,  permit,  invoice, 
or  certificate  prima  facie  evidence  of  unlawful  taking  and  possession,  and  person  in 
possession  of  game  shall  produce  such  license,  permit,  invoice,  or  certificate  upon 
demand  of  any  officer  and  permit  him  to  copy  it;  naming  game  upon  menu  as  food 
for  patrons  of  any  hotel,  restaurant,  cafe,  or  boarding  house  prima  facie  evidence  of  pos- 
session of  same  by  proprietor;  possession  of  game  in  the  field  prima  facie  evidence  that 
possessor  has  hunted  said  game  within  the  year.  The  pamphlet  of  game  laws,  rules, 
and  regulations  issued  by  the  commissioner  shall  be  accepted  as  prima  facie  evidence 
of  the  existence  of  such  law,  rules,  and  regulations  in  every  court  in  the  State. 
When  requested  by  officer  instituting  prosecution  any  participant  in  violation  of  the 
law  may  testify  against  any  other  person  charged,  and  his  evidence  shall  not  be  used 
against  him  in  any  prosecution. 

Attempts  to  violate  the  law  are  punishable  to  same  extent  as  actual  violations; 
accessories  are  punishable  as  principals;  persons  fined  shall  be  imprisoned  until  fines 
and  costs  are  paid  or  until  they  have  served  one  day  for  each  $5  thereof.  Confis- 
cated game  shall  be  sold  unless  cost  of  sale  would  exceed  the  proceeds,  in  which  case 
it  shall  be  donated  to  some  needy  person. 

Prosecution  for  felony  must  be  begun  within  three  years;  for  misdemeanor  and 
civil  action  for  recovery  of  fine,  one  year  and  six  months. 

CONNECTICUT. 

(1)  Officers:  Commission  of  fisheries  and  game;  established  as  commission  on 
fisheries  1867,  present  commission  established  April  30,  1895;  composed  of  three 
members;  term  two  years;  compensation  of  commissioners,  $3  a  day  while  actually 
serving,  expenses;  §200  per  annum  for  the  commission  for  clerical  aid. 

Duties  and  powers. — To  introduce,  propagate,  and  distribute  food  fish  and  game, 
and  enforce  game  laws.  May  authorize  county  fish  and  game  warden  to  investigate 
violations  of  game  laws  in  his  county,  expenses  of  such  investigation  not  to  exceed 
$15,  payable  from  State  treasury.  Each  commissioner  vested  with  powers  of  a 
grand  juror  or  prosecuting  officer  for  prosecuting  violations;  commission  required  to 
report  to  governor  biennially. 

County  fah  and  game  wardens. — One  for  each  county,  appointed  by  the  commis- 
sioners for  two  years;  may  deputize  any  person  to  assist  in  detection  and  arrest  of 
offenders. 

Special  fisli  and  game  protectors. — Xot  less  than  10  nor  more  than  20  for  each  county, 
appointed  by  county  warden,  holding  office  at  his  pleasure;  have  powers  of  other 
officers  to  arrest. 

Wardens,  their  deputies,  and  protectors  must  take  oath  of  office;  may  search  with- 
out warrant  any  place  or  receptacle  supposed  to  be  used  for  keeping  or  convey- 
ing game  illegally  taken  or  possessed;  may  arrest  without  warrant  any  persoi 
violating  the  game  laws;  entitled  to  fee  of  $20  to  be  taxed  against  defendant, 
costs,  in  case  of  every  conviction  where  arrest  is  made  by  them. 

Owner  or  occupant  of  land  may  arrest  any  person  hunting,  fishing,  or  trespassing 
thereon. 

(3)  Game  protection  fund:  All  money  received  from  resident,  nonresident,  anc 
alien  hunting  licenses  to  be  paid  into  the  State  treasury  and  set  apart  for  the  pre 
tection  and  propagation  of  game. 

(4)  Administrative  provisions:  Reception  of  game  for  shipment  in  unmarkec 
package  or  addressed  to  a  point  out  of  the  State  prima  facie  evidence  that  same  w; 
killed  for  purpose  of  exporting;  possession  of  gun  or  trap  in  any  State  game  preserv 


I  l   I       FLORIDA.  1  05 

presumptive  evidence  oi  violation  ol  law;  the  taking  of  each  rabbit  iritl 

rate  offense;  oiir-lmlf  tin-  tint-  for  trespass  upon  .(  ,i,|   t,, 

informer.    Justices  of  the  peace  have  jurisdiction  <»i  game  cases  w  Inn-  tim 
•    "i  or  imprisonment  90  da]  - 
cution  must  •'«'  begun  \\ ithin  "in 

DELAWARE. 

Officers:  Delaware  Game  Protective  Association,  incorporated  by  public  act 
in  1879  for  twenty  years,  charter  extended  in  t899;   has  authority  t«.  promulgate 
.  ations  for  protection  and  preservation  of  game. 
Every  member  authorized  to  arrest  without  warrant  any  person  found  violating 
game  laws  ami  to  bring  Buch  persons  before  a  magistrate  for  trial. 

Game  protection  fund:    Nonresident  license  fees  used  topayexpei 
ition  and  for  stocking  State  with  fish  and  game.     Fines  and  shipping  license 
fees  paid  I  ition  tor  use  in  enforcing  law.     Fines  for  violation  of  nongame- 

bird  law  paid  to  Delaware  Audubon  Society. 

Administrative  provisions:  Affidavit  of  violation  of  law  is  -round  for  issue 
«>f  warrant  of  arrest  directed  to  a  sheriff  or  constable;  proof  of  probable  cam 
believing  that  game  taken  or  held  contrary  to  law  ha-  been  concealed  i-  -round  for 
■  ■!'  warrant  to  Bearch  any  place  and  to  break  open  any  compartment,  chest,  box. 
locker,  crate,  or  basket;  possession  of  will  fowl,  together  with  a  punt  or  Bwivel  gun 
or  while  possessor  is  on  the  water  at  night  with  artificial  light,  prima  facie  evidence 
of  violation  of  law;  failure  to  pay  tine  for  hunting  upon  land  of  another  without  per- 
mission renders  offender  liable  to  forfeil  his  gun,  which  may  be  sold  at  the  expira- 
tion of  30  days  and  proceeds  applied  to  payment  of  tine,  the  balance,  if  any,  to  be 
returned  to  owner.    Such  fines  are  paid  into  State  treasury.    J  die  peace 

have  plenary  jurisdiction  of  offenses  against  the  game  laws. 
Prosecution  must  be  begun  within  two  year-. 

DISTRICT    OF   COLUMBIA. 

(1)  Officers:  Superintendent  of  Metropolitan  police  acts  as  game  warden.     No 
salary  as  such. 

i'     Game  protection  fund:  Annual  appropriation,  S")00. 
'■'>     Other  officers  :   Health  officers  are  empowered  to  enforce  the  game  laws. 
Administrative   provisions  :    Any  of  the  above  officers   may  search  any 
house,  boat,  market,  box,  cold  Storage,  or  other  place,  upon  sworn  information  that 
game  is  concealed  in  violation  of  law;  officer  or  any  other  person  securing  com  iction 
entitled  to  one-half  of  fine. 

FLORIDA. 

Officers:  One  fish  and  game  warden  for  each  county;"  recommended  by 
county  commissioners  upon  petition  of  seventy-five  freeholders,  and  appointed  by 
governor;  term,  two  years ;  bond,  $500;  salary  not  to  exceed  (60a  month,  payable 

from  county  treasury;  also  entitled  to  one-half  line  when  they  make  affidavit  or  fur- 
nish evidence  on  which  conviction  is  based. 

Duties  and  powers. — To  supervise  enforcement  of  game  and  fish  laws  ha  their  coun- 
ties and  to  make  complaint  against  offenders;  have  power  to  arrest,  take  before  a 
magistrate,  and  subject  to  trial  any  person  violating  the  game  Laws. 
lies. — As  many  as  necessary,  appointed  by  county  warden. 

(2)  Other  Officers:    In   counties   having  no    warden  the  sheriff  is  required  to 
perform  the  duties;  sheriffs  enforce  game  laws  as  they  do  other  criminal  statu-'  - 

"For  laws  permitting  additional  warden-  in  Hernando,  Hillsborough,   Lafayette, 
and  Polk  counties  see  p.  157. 


106  GAME    COMMISSIONS    AND    WARDENS. 

(3)  Game  protection  fund  :  Fees  from  nonresident  hunting  licenses  constitute 
a  fund  in  county  treasury  for  use  of  commissioners  in  paying  salary  of  warden. 

(4)  Administrative  provisions:  Magistrate  before  whom  offender  is  brought 
may  order  seizure  of  implements  used  in  violating  game  law.  Informers  entitled 
to  one-third  of  fines. 

Prosecution  must  be  begun  within  two  years. 

GEORGIA. 

(1)  Officers:  County  game  wardens;  appointed  by  judge  of  the  superior  court 
upon  petition  of  fifty  freeholders;  term  two  years. 

Deputy  wardens. — One  for  each  militia  district  in  the  county,  appointed  by  county 
warden,  for  two  years  and  charged  with  enforcement  of  game  and  nongame  bird 
laws;  may  arrest  all  persons  found  in  act  of  violating  game  and  bird  laws  and  exer- 
cise same  ministerial  powers  as  sheriffs  in  arrest  of  persons  charged  with  violating  law. 

Compensation. — Costs  and  fees  to  which  sheriffs  are  entitled  for  similar  services  and 
one-half  of  all  fines  collected  when  they  are  instrumental  in  securing  convictions. 

Xongame-bird  wardens. — One  or  more  for  each  county,  appointed  by  judge  of  supe- 
rior court,  with  powers  of  sheriff  to  make  arrests. 

Compensation. — One-half  of  all  fines  collected,  the  other  half  paid  to  school  fund  of 
county. 

(4)  Administrative  provisions:  Judges  of  superior  courts  required  to  give  the 
game  and  nongame  bird  laws  in  charge  to  grand  juries  at  each  regular  term  of  said 
court. 

Prosecution  must  be  begun  within  two  years. 

IDAHO. 

(1)  Officers:  State  fish  and  game  warden;  office  established  March  13,  1899;  term 
two  years;  bond,  85,000;  salary,  81,800  per  annum;  allowance  of  SI, 000  per  annum 
for  traveling  expenses  and  81,000  per  annum  for  salary  of  a  clerk,  who  has  charge  of 
the  office,  under  bond  of  83,000. 

Duties  and  powers. — To  supervise  in  person  the  protection  of  game  and  fish  and 
enforce  the  laws  relating  thereto;  to  be  an  active  executive  officer  and  take  the  field 
in  person  whenever  possible;  to  report  quarterly  to  the  governor,  and  biennially  to 
the  governor  and  legislature,  and  to  issue  hunting  licenses. 

Deputies. — One  chief  and  two  assistant  deputies;  bond,  S3,000;  salary  of  chief 
deputy,  81,200;  of  assistants,  81,000  per  annum;  traveling  expenses,  8600  perannum; 
county  deputies,  one  or  more  for  any  county,  appointed  by  the  State  warden  on  request 
of  ten  or  more  resident  taxpayers;  bond,  ScOO;  compensation,  83  per  day,  not  exceed- 
ing 150  days  of  actual  employment  each  year;  expenses  allowed  to  each  warden  when 
performing  duties  outside  his  district.  The  State  warden  and  deputies  required  to 
enforce  the  law,  and  inspect  depots,  cars,  hotels,  and  other  places  where  they  have 
reason  to  believe  game  is  held  for  storage,  sale,  or  shipment;  authorized  to  search 
tents,  packs,  wagons,  and  camps,  with  or  without  warrant,  where  they  have  reason 
to  believe  game  illegally  taken  is  to  be  found;  to  seize  game  held  in  possession  during 
the  close  season;  to  arrest,  with  or  without  warrant,  any  person  found  violating  the 
law  and  take  him  forthwith  before  a  justice,  probate,  or  municipal  judge  having 
jurisdiction  for  immediate  trial. 

(2)  Other  officers:  Sheriffs,  deputy  sheriffs,  constables,  city  marshals,  and  police 
officers  are  ex  officio  game  and  fish  wardens,  with  all  the  powers  of  wardens,  and  are 
required  to  enforce  the  game  law  in  their  respective  jurisdictions.  County  attorneys 
required  to  prosecute  all  cases  in  their  respective  jurisdictions. 


IDAHO      hi  IN0I8.  L07 

Game  prutiTtum  tuiul :    I  i.cii-e  fee-  ;in.  I  line-  constitute  .1  1  li-li  1 » J 1 1  •  1 

in  the  Btate  t  reasur) . 

i     Ailminist rat \v  provisions:    Licensee    required    to   exhibil    license    when 

•c(l  by  \\  :it  •  ltn . 

ration  must  be  Ite^tm  w  ithin  one 

ILLINOIS. 

Officers:  State  game  commissioner;  office  established  in  1899;  term  daring 
incumbency  of  the  governor  making  appointment;  -alai\  $2,500  per  annum;  allow- 
ance of  actual  and  traveling  expenses  and  authorit}    to  engage  uol  to 

ed  ten  office  empl<  >) 

/<  -    -  I  i  enforce  the  law;  to  bring  and  cause  to  be  brought  actions 

and  proceedings  for  violations;  to  report  annually  to  the  governor. 

Sixteen  in  number,  appointed  by  the  commissioner  with  the 
approval  of  the  governor;  -alary  $900  per  annum  and  expenses;  entitled  to  one-half 
of  the  proceeds  of  sale  of  confiscated  game  when  they  file  complaint;  jurisdiction 
throughout  the  State. 

/'  puty  game  wardens. — Not  to  exceed  three  for  each  county,  appointed  by  the 
commissioner;  compensation  not  exceeding  $2  per  day  of  actual  employment,  acces- 
sary traveling  expenses,  and  one-half  of  all  fines  when  they  file  complaints;  jurisdic- 
tion throughout  the  State. 

ial  deputy  game  ward*  i.  A-  many  as  necessary,  appointed  by  commissioner; 
compensation  one-half  fines  when  they  file  complaints. 

Commissioner  and  all  wardens  have  full  authority  to  serve  and  execute  all  war- 
and  processes  of  law  issued  by  any  court  in  the  enforcement  of  the  game  law 
In  the  same  manner  as  constables;  may  arrest  on  sight  and  without  warrant  persons 
detected  by  them  actually  violating  the  law  and  may  take  such  persons  before  any 
competent  court  and  make  complaint,  which  court  shall  proceed  with  the  case  in 
the  same  manner  as  in  misdemeanor  cases;  must  cause  an  investigation  of  all  viola- 
tions coming  to  their  notice  and  cause  proceedings  to  be  instituted  it  the  proof  war- 
rants such  action;  must  seize  on  Bight,  without  process,  game  found  in  possession  of 
any  person  or  corporation  contrary  to  law.  Not  Liable  for  damages  through  wrong- 
ul  seizure  of  game. 

-  Other  officers:  Sheriffs,  deputy  sheriff-,  coroners,  and  police  officers  are  ex 
officio  deputy  game  wardens  and  are  required  to  enforce  the  .name  law;  States' 
attorneys  must  supervise  enforcement  in  their  counties  and  prosecute  all  offenders 
On  receipt  of  information  of  violation-. 

Game  protection  fund:  License  fees,  one-half  of  all  sums  recovered  in  any 
penal  action  and  of  tines  imposed  when  deputy  warden  tiles  complaint,  also  one-half 
of  proceeds  of  sale  of  confiscated  game  constitute  a  state  game  protection  fund. 

4  Administrative  provisions:  Any  person  may  institute  a  prosecution  in  the 
name  of  the  [people  of  the  State  of  Illinois  before  any  justice  of  the  peace  or  any 
court  of  competent  jurisdiction:  any  person  filing  complaint  in  a  penal  action  or 
instituting  prosecution  is  entitled  to  one-half  of  the  recovery;  affidavil  before  justice 
of  the  peace  by  the  commissioner  or  any  warden  that  game  is  in  possession  of  any 
•person  or  corporation  contrary  to  law  is  ground  for  issuance  of  a  search  warrant 
Directed  to  any  constable  of  the  county,  commanding  him  to  search  for  such  game 
and  when  found  1o  seize  and  keep  it  .-uhject  to  order  of  the  justice.  For  further 
lure  see  p.  L63,  sees.  19-22.  I  Seized  game  to  be  sold;  licensee  while  hunting 
must  have  license  with  him  ready  to  exhibit;  action  of  debt  lies  for  recovery  of  fine 
lor  violation  of  license  provisions;  alteration  of  License  declared  to  be  forgery  and 
punishable  as  such;  violators  of  trespass  section  of  the  law  may  be  prosecuted  before 
any  justice  of  the  peace  or  by  indictment  or  information  in  any  court  in  the  county. 


108  GAME    COMMISSIONS    AXD    WARDENS. 

and  owners  or  persons  in  possession  of  the  premises  are  not  required  to  prove  title 
to  the  premises;  the  purchase,  sale,  exposure  for  sale,  possession  for  sale,  or  convey- 
ance contrary  to  law,  of  each  animal  or  bird  is  a  separate  offense;  sale,  exposure  for 
sale,  or  possession  for  sale  of  game  during  close  season,  except  five  days  after  close 
of  open  season,  is  prima  facie  evidence  of  violation  of  law;  possession  of  game  by 
transportation  company  in  close  season,  even  in  course  of  transit  through  the  State 
from  another  State,  is  prima  facie  evidence  that  it  was  killed  or  trapped  contrary 
to  law. 

Prosecution  must  be  begun  within  six  months. 

INDIANA. 

(1)  Officers:  Commissioner  of  fisheries  and  game;  office  established  February  13, 
1899;  term  four  years;  bond  $2,000;  salary  81,200  per  annum;  expenses  $1,200  per 
annum,  payable  from  the  general  treasury. 

Powers  and  duties. — Required  to  investigate  methods  of  preserving  and  propagating 
useful  game  and  song  birds;  to  introduce  valuable  game  birds;  to  report  results  of 
investigations  to  general  assembly  biennially.  Invested  with  all  the  powers  of  road 
supervisors  and  township  trustees  in  enforcement  of  game  laws;  authorized  to  have 
his  appearance  entered  with  any  prosecuting  attorney  when  he  brings  action  for 
violation  of  law.  and  to  assist,  personally  or  by  deputy,  in  the  prosecution. 

Deputy  game  wardens. — Appointed  by  commissioner;  compensation  allowed  by 
commissioner,  to  be  paid  out  of  fish  and  game  protection  fund,  but  not  to  exceed  $60 
per  month,  except  in  case  of  chief  deputy. 

Commissioner  and  wardens  are  peace  officers  for  purpose  of  enforcing  the  game 
and  fish  laws  and  may  arrest,  without  warrant  or  process,  persons  violating  or 
attempting  to  violate  such  laws. 

(2)  Other  officers:  Road  supervisors  required  under  penalty  to  enforce  game 
laws  or  have  them  enforced. 

(3)  Game  protection  fund:  Resident  and  nonresident  license  fees  and  S20  taxed 
as  costs  in  each  case,  where  commissioner  or  warden  brings  action,  are  paid  into 
State  treasury  to  credit  of  fish  and  game  fund  to  be  used  in  paying  expenses  and 
rewards  for  enforcement  of  fish  and  game  laws. 

(4)  Administrative  provisions:  Same  as  in  other  criminal  cases. 
Prosecution  must  be  begun  within  two  years;  in  case  of  hunting  on  Sunday  within 

six  months. 

IOWA. 

(1)  Officers:  State  fish  and  game  warden;  office  established  October  1,  1897; 
term  three  years:  salary  $1,200  per  annum,  paid  from  State  treasury. 

Duties. — To  enforce  the  game  and  fish  laws  and  to  report  biennially  to  the  governor. 

Deputy  game  wardens. — Appointed  by  State  warden,  receive  no  regular  salary,  but 
are  allowed  reasonable  compensation  paid  from  game  protection  fund  by  supervisors 
of  county,  and,  if  informant,  $5  extra,  taxed  as  costs  and  collected  from  defendant. 
(County  not  liable  for  such  fee. )  State  warden  and  deputies  required  to  seize,  with- 
out warrant,  fish  and  game  taken  or  possessed  unlawfully,  and  authorized  to  seize  and 
destroy,  without  warrant,  devices  used  for  taking  game  without  being  liable  for  such 
action. 

(2)  Other  officers:  Sheriffs,  constables,  police  officers,  peace  officers,  and  county 
attorneys  required  to  see  that  the  laws  are  enforced;  sheriffs,  constables,  and  police 
officers  have  same  powers  and  authority  as  deputy  wardens.  Attorney-general 
required  to  give  his  opinion  on  questions  concerning  the  game  laws,  when  requested 
by  State  warden. 

(3)  Game  protection  fund:  Nonresident  license  fees  paid  into  county  treasury 
to  credit  of  game  protection  fund. 


h>\\  \       KENTUCKY.  LUfl 

1  Administrative     provision*:      \-         person     m.i\     institute     |  <'  <•..■..  1 1 1 

enforce  game  law,  prosecuting  attorne)  and  informant  each  entitled  I 

ndant     Seized  game  t.>  be  iold  ami  proceeds  oaed  in  paj  in 

sure,  the  balance  to  be  paid  mi..  the  school  t'und:  possession  <»i  lmhh-  in  «•!< »-•• 
prima  facie  evidence  of  onlawful  capture;  proof  of  probable  cause  for  believ- 
ing in  concealment  of  game  unlaw  fnllv  possessed  ^nniinl  for  issuan  h  warrant 
I  .iniinc  any  ('la 

gecution  most  be  begun  within  thn 

KANSAS. 

(1)  Officers:  State  fish  and  game  warden;  office  established  in  1906;  term,  four 

..!  \ .  $1,500  per  annum. 
Duties.     Enforcement  game  and  t  i  >  h  law-,  including  inspection  at  reasonable  times 
of  all  places  where  meat,  fish,  and  game  are  kept  for  sale,  shipment,  or  storage  for 
pay. 

Uy  fish  '///'/  game  wardens. — One  or  more  for  each  county,  appointed  by  State 
warden  upon  request  of  ten  or  more  resident  taxpayers;  removable  by  State  warden 
at  any  time;  entitled  to  Bame  mileage  as  constables,  and  to  receive  $10,  collected  as 
-  from  defendant,  in  cases  of  conviction  when  arrest  made  by  them. 
State  warden  and  deputies  invested  with  power  of  constables  or  police  officers  to 
arrest,  without  warrant,  persons  caught  in  act  of  violating  the  law,  and  with  a  warrant 
under  other  circumstances,  and  to  bring  the  offenders  before  a  proper  court  for  trial; 
may  demand  production  of  a  hunting  license  by  holder. 

2  Other  officers:  Constables,  marshals,  and  police  officers  required  to  inquire 
into  and  prosecute  all  violations  of  game  laws,  and  to  make  complaint  in  such 
without  being  liable  for  cost.-;  may  demand  production  of  hunting  license  by  holder; 
neglect  to  prosecute  renders  them  guilty  of  misdemeanor.  If  county  attorney  fails 
to  prosecute  any  case  the  court  may  appoint  an  attorney  to  conduct  it.  who  shall 
receive  fee  of  $10,  to  be  collected  from  the  defendant  upon  conviction. 

Game  protection  fund:    License  fees  paid  into  State  treasury  to  credit  of  tin- 
State  game  and  fish  warden  fund. 

Administrative  provisions:  Unnecessary  for  State  in  any  prosecution  to 
allege  or  prove  the  true  or  ornithological  name  of  any  bird,  or  that  such  bird  was 
not  taken  for  scientific  purposes;  possession  of  game,  except  by  person  Lawfully 
killing  it.  or  of  Hungarian  partridge,  or  Mongolian  or  Chinese  pheasants,  except  for 
propagation,  prima  facie  evidence  of  violation  of  law;  violation  as  to  each  animal  or 
bird  a  separate  offense;  $25  reward  to  be  paidanyperson  furnishing  evidence  Leading 
to  conviction  for  killing  antelope. 
Prosecution  must  be  begun  within  two  years. 

KENTUCKY. 

(1)  Officers:  County  fish  and  game  wardens,  one  or  more  for  each  county;  ap- 
pointed by  the  county  judge  to  serve  dining  his  pleasure  under  bond  approved  by 
him;  compensation,  residue  of  all  fines,  in  cases  prosecuted  by  them,  after  payment 
Of  COSta  and  expense-  to  other  public  officers,  and  usual  >heriff  s  ii-r<  for  serving  and 
executing  pn  »< 

Duties  and  "powers. — Required  to  enforce  all  laws  for  protection  of  fish,  game,  and 
birds.  Authorized  to  execute  and  serve  all  warrants  issued  in  any  case  under  the 
game  laws,  with  powers  of  sheriffs;  to  arrest,  without  warrant,  any  person  d<  I 
in  the  act  of  violating  the  law;  to  require  aid  in  the  execution  of  any  process  or  in 
■nesting,  without  warrant,  any  person  found  in  act  of  violating  the  law;  to  - 
without  warrant,  game  in  the  possession  of  any  person  found  in  act  of  violating  the 
law  and  to  confiscate  such  game  and  destroy  the  guns  or  other  implements  with 


110  GAME    COMMISSIONS    AND    WARDENS. 

which  it  was  taken  or  killed,  and   to  convey  forthwith   such  person  before  a  magis- 
trate having  jurisdiction  and  file  complaint  against  him. 

2  Other  officers:  Mayors  of  cities  and  towns  required  to  have  their  policemen 
and  constables  search  for  and  arrest  persons  having  game  unlawfully  in  possession 
or  offering  it  for  sale  in  close  season;  Bame  police  duties  required  of  market  masters 

and  clerk-. 

(4)  Administrative  provisions:  Proof  that  the  law  has  been  violated  by  a  non- 
resident,.or  person  whose  name  is  unknown,  ground  for  issuance  of  a  warrant  for 
arrest  of  such  person;  proof  of  probable  cause  for  believing  that  game  unlawfully 
taken  has  been  concealed  ground  for  issuance  of  a  warrant  to  search  any  place  and 
to  arrest  the  person  in  whose  possession  said  game  is  found:  possession  of  game  in 
close  season  prima  facie  evidence  of  illegal  capture:  unlawful  killing,  capture,  pos- 
m.  sale,  or  transportation  of  each  animal  or  bird  a  separate  offense,  and  two  or 
more  offenses  may  be  joined  in  same  warrant  or  indictment:  game  and  guns  or  other 
implements  with  which  game  was  killed  or  taken  if  found  in  possession  of  any  person 
in  act  of  violating  law  may  be  seized  and  confiscated  or  destroyed;  offender  to  be 
taken  forthwith  for  trial  before  a  court  having  jurisdiction.  Informers  entitled  to 
one-half  of  fines. 

Prosecution  must  be  begun  within  one  year. 

LOUISIANA. 

(1)  Officers  :  Game  wardens,  one  or  more  in  each  parish,  appointed  by  the 
police  jury. 

Powers* — To  arrest  without  warrant  any  person  found  violating  the  law  or  hunting 
without  license  when  one  is  required:  to  search  without  warrant  any  cold  storage 
or  refrigerating  plant,  car,  vessel,  vehicle,  or  package  in  which  they  may  believe 
game  birds  are  illegally  kept,  and  to  confiscate  all  game  birds  found  in  posse-sion 
of  anyone  during  close  season. 

Any  warden  or  peace  officer  may  arrest  on  sight  any  person  hunting  without 
license  when  one  is  required. 

(3)  Game  protection  fund:  Nonresident  and  unnaturalized  foreign-born  resident 
license  fees  and  all  fines  for  violations  of  game  laws,  less  informer's  half,  are  paid 
into  the  State  treasury  and  constitute  a  State  game  protection  fund. 

(4)  Administrative  provisions  :  Licensees  required  to  exhibit  license  to  warden 
or  other  officer  upon  request. 

Prosecution  must  be  begun  within  one  year  from  notification  to  a  public  officer 
empowered  to  direct  a  public  prosecution  ;  six  months  where  the  punishment  is  a 
fine  or  forfeiture. 

MAINE. 

(1)  Officers:  Commissioners  of  inland  fisheries  and  game;  commission  established 
in  1886;  composed  of  three  members — one.  the  chairman,  who  serves  for  three  yeafB, 
at  a  salary  of  $2,000  per  annum;  one,  who  serves  for  three  years  at  a  salary  of 
$1,000,  and  one,  the  land  agent,  who  serves  as  long  as  he  is  land  agent,  at  a  salary 
of  $2,000  per  annum. 

Duties  "//'/  powi  rs. — To  introduce  and  distribute  valuable  food  fish  and  birds;  to  see 
that  the  laws  are  enforced,  to  issue  all  licenses,  and  to  report  to  the  governor  annually 
in  December.  Authorized  to  shorten  or  abolish,  for  periods  of  not  more  than  four 
years,  any  season  for  taking  game  or  fish;  to  adopt  rules  and  regulations  necessary  for 
carrying  the  law  into  effect;  to  grant  permits  for  taking  big  game  and  birds  for  park 
purposes  in  the  State:  to  take  game  for  propagation  or  scientific  purposes:  to  adjust 
and  pay  from  funds  derived  from  nonresident  license  fees  claims  for  damage  done 
crops  by  deer;  vested  with  all  powers  of  fish  and  game  wardens  in  enforcing  the  law. 


M  \  I  \  I  .  Ill 

/'  Appointed  by  the  governor,  upon  recommendation  ol  the 

commissioner**,  fortl  required  to  enforce  the  lawn  and  n 

lions  for  the  protection  of  game  and  fish  throughout  the  State;  required  i 
violator-  and  prosecute  them ;  vested   with   powers  of  sheriffs  to  serve  proc<  I 

entitled  to  same  fees  therefor;  authorized  to  require  aid  in  executing  their  dutii 

e  and  fish  unlawfully  taken  or  [lossessed  and  HrearniH  of  aliens  hunting 
without  license;  to  arrest,  without  warrant,  persona  believed  to  be  guilt)  of  violating 
the  law,  and  to  search  and  examine,  without  warrant,  camps,  wagons,  ca 
tents,  pack-,  -ton-,  warehouses,  and  other  plan-,  except  dwelling  houses  and  - 
railroad  cai  -  game  i-  supposed  to  be  concealed. 

Appointed  by  the  commissioners;  have  same  powei 
game  wardens  and  are  charged  with  Bame  duties. 

\   nresidents  who  enter  upon  w  il«l  lands  of  the  state  intending  to  camp 
or  kindle  fires  while  hunting,  during  certain  months,  must  be  in  chai  stered 

guides.     Guides  required  to  report  to  commissioners  number  of  persons  guided  and 
ether  information  desired. 

2    Other  officers:  sheriff.-,  deputy  sheriffs,  constables,  and  police  officers  have 
aame  powers  and  charged  with  same  duties  as  wardens  and  receive  same 
County  attorneys  are  required  to  prosecute  all  violations  coming  to  their  know  ■ 

Game  protection  fund:  Nonresident  and  alien  license  fees,  fines,  and  receipts 
bom  sale  of  confiscated  game  and  firearms  of  aliens,  fees  for  licenses  to  guides, camp- 
keepers,  taxidermists,  hunter.-,  trappers,  niarketmen,  and  dealers  in  skins,  and  for 
shipping  ti>h  and  game,  paid  into  the  State  treasury  to  the  credit  of  the  commission- 
ers of  inland  fisheries  and  game  for  use  in  enforcing  game  and  fish  laws. 

Administrative  provisions:  All  game  killed,  bought,  transported,  or  had  in 
ssion  in  violate  >nof  law  must  be  seized,  and  in  ease  of  conviction  sold,  but  only 
for  consumption  in  the  state.  Beized  firearms  of  unlicensed  aliens  must  be  sold;  cor- 
porations may  be  arrested  by  service  of  attested  copy  of  warrant,  upon  return  of  which 
they  are  deemed  constructively  in  court  and  fine  imp'  »sed  may  be  collected  by  execu- 
tion; offender  may  obtain  \><  «8essi<  >n  of  his  game  which  has  been  seized  by  giving  bond 
in  double  the  value  of  same;  any  officer  authorized  to  enforce  game  laws  may  recover 
penalties  l>y  an  action  on  the  case  in  his  own  name  or  by  complaint;  municipal  and 
police  judges  and  trial  justices  have  concurrent  and  original  jurisdiction  upon  coin- 
plaint,  with  supreme  judicial  and  superior  courts  in  all  prosecutions  under  the  game 
law-:  participants  in  violation  of  the  game  laws  may  be  compelled  to  testify,  but 
their  testimony  can  not  be  used  against  them  in  any  prosecution:  possession  of  moose 
and  deer  by  a  transportation  company  in  close  season  prima  facie  evidence  of  illegal 
killing;  possession  of  jack-light  in  any  camp  or  place  of  resort  for  hunters  in  the 
inland  territory  of  state  prima  facie  evidence  that  it  is  kepi  for  unlawful  use,  and 
such  light  may  be  seized  by  any  officer.  One-half  of  lines  for  destroying  posters  of 
the  commissioners  paid  to  inf<  inner:  judges  of  municipal  and  police  courts  and  trial 
justices  required  to  make  returns  to  the  commissioners  of  prosecutions  before  them 
for  violation  of  the  game  law-;  warrants  to  search  dwelling  houses  in  the  daytime 
only,  and  any  other  places  at  any  time  may  be  issued  by  any  magistrate;  on  «»r  before 
October  1  of  each  year  the  commissioners  are  required  to  notify  the  superintendent 
of  every  transportation  company  in  the  State  of  the  names  of  the  wardens  |  restricted 
to  four  for  anyone  company)  designated  by  them  to  exercise  the  right  of  search; 
aliens   must  exhibit   their  license   upon  demand  of  any  officer  qualified   to  enforce 

game  laws;  possession  of  firearms  by  aliens  on  wild  lands  or  in  w Isof  the  state 

without  license  prima  facie  evidence  of  hunting  without  License. 

Criminal  prosecution  mu-t  be  begun  within  -ix  year-;  action   by  an  individual  for 
recovery  of  a  penalty  within  one  year;  and  by  the  State  within  two  years. 


112  GAME    COMMISSIONS    AND    WARDENS. 

MARYLAND. 

(1)  Officers:  Game  warden;  office  established  April  4,  1896;  salary,  81,200  per 
annum  and  part  of  fines  when  prosecutions  are  instituted  by  him  or  his  deputies; 
allowance  of  $600  per  annum  for  expenses:  term,  two  years. 

State  fishery  force  may  be  required  to  assist  game  warden  in  enforcing  game  and 
fish  laws  upon  application  to  the  governor. 

Deputy  game  wardens  appointed  by  the  governor  upon  recommendation  of  the 
warden,  either  for  particular  locality  or  for  whole  State;  paid  such  sum  as  the  game 
warden  may  agree  with  them,  from  fines  or  otherwise;  receive  one-half  of  net  proceeds 
of  sale  of  game  when  they  make  complaint. 

Game  warden  and  deputies  required  to  enforce  the  game  laws  and  to  obtain  infor- 
mation concerning  all  violations;  have  powers  and  authority  of  constables  and  of 
policemen  in  cities;  may  arrest,  without  warrant,  persons  suspected  or  known  to  be 
guilty  of  violating  the  law. 

(2)  Other  officers:  State's  attorneys  and  sheriffs  required  to  advise  and  assist 
game  warden  and  deputies  when  requested  by  them. 

(3)  Game  protection  fund:  Fines,  after  payment  of  costs,  paid  to  game  warden 
if  prosecution  is  instituted  by  him  or  his  deputies. 

(4)  Administrative  provisions:  Informer  receives  one-half  of  fine,  the  other 
half  paid  to  school  fund;  affidavit  of  game  warden  or  deputy  to  unlawful  pos- 
session of  game,  ground  for  search  warrant  directed  to  any  constable,  who  shall 
search  for  game,  seize  it,  and  return  the  warrant  within  not  less  than  twelve  hours 
nor  more  than  twenty-four;  upon  return  of  the  warrant  the  justice  shall  hear  and 
determine  the  case,  and  if  the  game  is  found  to  have  been  possessed  in  violation  of 
law,  order  sale  of  same;  immediately  upon  entry  of  judgment  constable  must  post 
two  notices  of  sale,  and  at  time  mentioned  in  notice  shall  sell  to  highest  bidder,  giv- 
ing certificate  of  sale;  appeal  from  judgment  may  be  taken  bv  defendant  within  two 
hours;  10  per  cent  of  proceeds  of  sale  paid  to  constable  for  services  as  auctioneer, 
and  50  per  cent  of  net  proceeds  paid  into  school  fund;  wardens  not  liable  to  damages 
for  wrongful  seizure;  possession  of  big  or  swivel  gun  prima  facie  evidence  of  intent  to 
use  it  in  violation  of  law,  and  presence  at  night  with  gun  near  place  where  shooting 
occurred  prima  facie  evidence  that  possessor  lias  violated  the  law. 

Prosecution  must  be  begun  within  one  year. 

MASSACHUSETTS. 

(1)  Officers:  Board  of  commissioners  on  fisheries  and  game;  composed  of  three 
members;  organized  in  1865;  jurisdiction  extended  to  game  in  1886;  term,  five  years. 

Duties. — To  protect  and  propagate  game  and  fish  and  to  investigate  questions  relat- 
ing thereto;  issue  nonresident  hunting  licenses. 

Deputy  commissioners  appointed  by  commissioners. 

Powers. — G -mimissioners  and  deputy  commissioners  have  power  to  arrest  without 
warrant  persons  found  violating  game  laws,  and  to  search,  with  warrant,  any  boat, 
car,  box,  locker,  crate,  package,  and  any  building,  except  dwelling  house,  for  game 
taken  or  held  in  violation  of  law,  and  to  seize  such  game. 

(2)  Other  officers:  Members  of  district  police  and  all  officers  qualified  to  serve 
criminal  process  have  authority  of  commissioners  and  deputies  in  arresting  violators 
and  executing  search  warrants. 

(4)  Administrative  provisions:  Possession  of  nongame  birds  prima  facie  evi- 
dence of  unlawful  capture  and  possession,  and  of  deer,  killed  in  the  State,  that  pos- 
sessor has  violated  the  law;  setting  trap  on  land  frequented  by  game  and  possession 
of  ferret  in  such  place  prima  facie  evidence  of  a  violation  of  law;  complaint  under 
oath  of  the  concealment  of  game  unlawfully  taken  or  held  is  ground  for  issue  of 


MA8SACHU8ET]  II  .'< 

warrant;  game  unlawfully  taken  or  held,  found  under  a  search  warrant,  thai  I 
d;  one-half  of  fines,  penalties,  and  forfeitures  to  be  ]  omplainant 

and  one-half  to  Commonwealth,  but  where  .»  depot}  commissioner  paid  b)  th< 
makes  complaint  the  whole  fine  Is  paid  to  the  State;  unnaturalized  foreign-bon 
sons  must  exhibit  their  Licenses  upon  demand  of  anj  commissioner  01  depot; 
den,  or  officer  authorised  to  serve  process,  and  nonresidenl  licensees  must  produce 
their  licensee  t"  any  person  <>n  demand. 

Action  must  be  begun  within  one  year  if  by  individual  for  recovery  of  a  penalt)  <»r 
aforfeiture,  the  whole  or  part  of  which  inures  to  bis  benefit;  otherwise  within  two 
years.    Criminal  prosecution  must  be  begun  within  six  years. 

MICHIGAN. 

Officers:  Btate  game  and  fish  warden;  office  established  in  March,  1887;  term, 
tour  years;  bond,  $5,000;  salar} .  $2,000  per  annum;  allowance  for  expenses  necessarily 
incurred. 

Duties  awl  powers.  — Required  to  enforce  game  laws;  t<>  bring  and  cause  to  be 
brought,  and  to  prosecute  and  to  cause  to  be  prosecuted  actions  and  proceeding 
violation  of  game  laws;  has  powers  of  sheriff  to  serve  criminal  process  and  to  require 
aid  in  executing  it;  may  arrest,  without  warrant,  any  prison  caught  by  him  in  act 
of  violating  law  and  take  such  person  forthwith  before  a  justice  of  the  peace  or  mag- 
istrate having  jurisdiction  for  trial;  such  arrests  may  be  made  on  Sunday  and  the 
offender  tried  as  soon  asmay  be  <»n  a  week  "lay;  may  make  complaint  and  cause 
proceedings  to  be  instituted  without  sanction  of  prosecuting  attorney  of  the  county 
and  is  not  required  t<»  furnish  security  for  costs;  may  appear  in  any  case  and  prose- 
cute it  in  Bame  manner  and  with  same  authority  as  prosecuting  attorney:  has  | 

rch  any  person  and  examine  any  boat,  conveyance,  vehicle,  game  bag,  coat,  or 

other  receptacle  for  game  when  he  has  g 1  reason  to  believe  that  he  will  secure 

evidence  of  violation  of  law;  must  seize  game  and  birds  taken,  killed,  possessed,  or 
shipped  contrary  to  law  and  may  do  so  without  warrant;  issues  export  licenses. 

'  ■/  deputy. — Appointed  by  Mate  warden;  -alary,  $1,500  per  annum;  allowed 
actual  and  necessary  expenses;  during  absence  or  disability  of  State  warden  may 
execute  duties  of  that  office;  must  devote  his  entire  time  to  duties  of  the  office;  must 
take  constitutional  oath. 

Deputy  gaim  wardens. — Not  exceeding  ten,  appointed  by  state  warden,  compensa- 
tion $3  per  day  for  time  actually  employed;  have  same  power  and  authority  as 
State  warden. 

\ty  game  and  fish  wardens. — Not  exceeding  three  for  each  county,  appointed  by 
Btate  warden;  compensation  such  as  county  supervisors  provide,  may  be  employed 
by  individuals  and  clubs  interested  in  enforcement  of  game  laws  within  their  respec- 
tive counties;  have  power-  1  >i  the  State  warden,  and  are  subject  to  his  supervision  and 
control. 

Audubon  Society  wardens.  —  Four  in  number,  appointed  by  state  warden  upon  recom- 
mendation of  Michigan  Audubon  Society;  have  powers  of  deputy  game  warden-,  but 
receive  no  compensation  from  State  or  county ;  territory  assigned  by  Audubon  Society. 

Wardens  not  liable  for  damages  on  account  of  any  search  or  seizure  made  in  accord- 
ance with  law. 

Game-protection  fund:  All  fees  from  nonresident  licensee  and  one-third  of 
all  fees  from  resident  licenses,  export  and  scientific  permits  paid  into  State  treasury 
lor  payment  of  salary  and  expenses  of  State  warden  and  deputies.  Twenty-live 
cents  from  every  resident  license  fee  paid  into  county  treasury  for  use  of  county 
supervisors  in  payment  of  deputy  and  county  wardens,  sheriffs,  and  constables  for 
services  connected  with  enforcement  ot  game  laws. 

(4)  Administrative  provisions:  Prool  of  probable  cause  for  believing  in  con- 
cealment of  game  or   birds  killed,  taken,  possessed,  had  under  control,  or  shipped 


114  GAME    COMMISSIONS    AND    WARDENS. 

contrary  to  law,  ia  ground  for  issuance  of  warrant  to  search  any  place,  and  to  cause 
any  building,  enclosure,  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker, 
crate,  basket,  or  package  to  be  broken  open  and  contents  examined  by  warden;  all 
persons  violating  law  whether  as  principal,  agent,  servant,  or  employe  equally  liable 
with  principal;  any  person  liable  for  violation  by  his  agent,  servant,  or  employe 
done  under  his  direction  or  with  his  knowledge;  game,  birds,  and  apparatus  seized 
disposed  of  as  court  before  whom  the  offense  is  tried,  or  any  court  of  competent  jur- 
isdiction may  direct;  violation  as  to  each  bird  or  animal  a  separate  offense.  Dogs 
pursuing  or  following  upon  track  of  deer  declared  a  public  nuisance,  and  may  be 
killed  by  any  person.  Proof  of  possession  of  dead  body,  or  part  thereof  of  any  game 
or  birds  in  close  season  prima  facie  evidence  of  illegal  killing,  also  that  it  was  taken 
or  killed  in  Michigan,  to  disprove  which  defendant  must  show  by  testimony  of 
party  who  actually  killed  or  caught  it  that  it  was  taken  in  another  State,  and  when- 
ever it  is  shown  that  such  game  was  so  killed  or  caught,  it  is  prima  facie  evidence 
that  it  was  killed  or  caught  in  violation  of  the  laws  of  that  State;  interfering  with 
wardens  in  their  search  for  evidence  of  violations  prima  facie  evidence  that  the  per- 
son so  doing  has  violated  the  law;  possession  of  deer  in  red  or  spotted  coat  prima 
facie  evidence  of  violation  of  law;  wearing  or  possessing  an  artificial  light  in  the 
woods  prima  facie  evidence  of  violation  of  law;  any  person  shown  to  have  had  pos- 
session of  game  or  birds  in  close  season  must  establish  lawful  possession  thereof,  and 
State  is  not  required  to  aver  or  prove  that  it  was  not  for  purposes  authorized  by  law. 
Prosecution  must  be  begun  within  one  year  for  violations  of  sections  5804-5809  of 
Compiled  Laws  of  1897  [relating  to  export  of  game  and  its  possession  when  taken 
unlawfully  in  another  State],  otherwise  within  six  years. 

MINNESOTA. 

(1)  Officers:  Board  of  game  and  fish  commissioners;  established  in  April,  1891; 
composed  of  five  members;  term  four  years;  members  serve  without  compensation, 
but  are  allowed  their  necessary  expenses. 

Duties  and  poicers. — Required  to  enforce  game  and  fish  laws;  propagate  useful  game; 
collect  and  disseminate  statistics  and  information  germane  to  purposes  of  game  laws; 
seize  and  dispose  of  all  game  and  fish  taken,  killed,  transported  or  possessed  con- 
trary to  law,  and  all  implements  unlawfully  used;  issue  nonresident  licenses;  report 
to  the  governor  biennially.  They  may  employ  such  assistants  and  game  wardens  as 
may  be  necessary  to  carry  out  the  law,  and  may  fix  their  term  of  service  and  com- 
pensation; may  secure  specimens  of  game  for  exchange  with  commissioners  of  other 
States;  may  offer  and  pay  rewards  for  information  leading  to  arrest  and  conviction 
of  offenders  for  violation  of  game  laws,  as  follows — S50  for  moose  and  caribou ;  825 
for  deer,  and  $10  for  game  birds. 

Executive  agent. — Appointed  by  commission  from  its  members;  must  devote  his 
entire  time  to  duties  of  the  office  and  exercise  all  rights  and  powers  of  commission 
when  it  is  not  in  session;  bond,  S5,000;  salary  not  to  exceed  82,500. 

Wardens. — Such  number  and  at  such  compensation  as  commission  may  deter- 
mine; bond,  S500. 

Attorney. — Commissioners  may  employ  an  attorney  or  attorneys  to  appear  for  them 
in  all  civil  actions  in  which  they  or  their  wardens  may  be  officially  interested;  to 
perform  such  services  as  they  may  require;  to  asssist  county  attorneys  in  criminal 
prosecutions  and  when  they  do  not  prosecute,  to  conduct  such  prosecution  in  name 
of  the  State,  with  all  the  authority  of  such  county  attorney;  compensation  fixed  by 
the  board  and  paid  from  its  funds. 

Commissioners,  executive  agent,  and  wardens  have  full  power  and  authority  to 
serve  and  execute  all  warrants  and  processes  of  law  issued  by  any  court  in  enforcing 
the  game  laws  in  same  manner  as  sheriffs  and  constables;  to  arrest  without  warrant 
persons  found  in  act  of  violating  the  law;  may  call  to  their  aid  any  sheriff,  constable, 


MINNESOTA       \l  I88ISSIPPI.  1  1  5 

r  an)  other  pei-..n  w  h.  n    in 

any  place  commonly  used  f< »i 
ind  fish;  to  seize  game  illegall)  taken,  kilUnl,  >-hipiM«l,  <>r  |  <  -at.  . 

an- 1  destroy ,  without  wan  am,  all  illegal  contrivances  for  taking  or  killing  % 

Other  officers:  Sheriffs,  constables,  and  other  peace  officer*  an-  required  to 

me  laws  and  have  the  powers  and  art'  charged  with  same  dul  rdens, 

•  in  the  ins|>eetion  of  hotels,  restaurants,  and  storage  rooms.     <  kmnty  attorney* 

required  to  enforce  the  law  -. 

Qaxne  protection  fund:  Appropriation,  (36,000  per  annum;  license  fees  and 

ail  moneys  collected  by  commission  from  whatever  source,  except   fines  (which  are 

to  the  county  .  paid  int..  state  treasury  and  credited  t<>  game  and  fish  fund,  to 

I  in  enforcement  of  the  game  and  fish  law-. 

Administrative  provisions:  Agent  or  employe  o!  another,  or  one  acting 

through  or  by  an  agent  or  em ploye",  not  exempt  from  punishment;  common  carrier 

•  aiding  or  abetting  in  illegal  shipment  of  game  guilty  of  misdemeanor; 

attempt  t<>  violate  law  a  misdemeanor;  "  p<  eeession  '*  includes  actual  or  constructive 

<sion.      1  \  idenee:   Participant  in  violation  may  testify  against  any  other  persou 

without  incriminating  himself  and  his  testimony  shall  nol  he  used  against  him:  not 

sary  for  prosecution  to  allege  or  prove  that  game  was  not  domesticated  or  taken 

entifie  purposes;  possession  of  game  in  close  season  prima  facie  evidence  that 

it  was  property  of  State  when  taken  or  killed,  that  it  was  taken  in  State,  and  that  it 

.ken  in  close  season,  unless  t;e_r  of  commission  is  attached.     Complaint  showing 

probable  cause  for  belief  that  game  illegally  caught,  killed,  transported,  or  poss 

cealed  or  kept  in  any  place,  ground  for  issue  of  warrant  to  search  such  place 
ami  to  break  open  any  receptacle  and  examine  contents.  Confiscated  game  may  be 
gold  by  commission;  obstructing  commissioners  or  any  warden  in  discharge  of  his 
duties  a  misdemeanor;  dogs  used  in  violation  of  law  public  nuisance, and  when  so 
lay  he  killed  by  any  person;  licensee  required  to  exhibit  license  to  any  person 
upon  request,  and  any  licensee  violating  any  provision  of  law  shall  upon  conviction 
forfeit  license  and  deliver  same  to  court  before  which  tried. 
Pros*  cution  must  he  begun  within  two  yea?--. 

MISSISSIPPI. 

(1)  Officers:  County  game  wardens;  appointed  by  county  hoards  of  euperv 
in  each  county,  on  recommendation  of  ten  or  more  citizens;  term  four  years. 

Dutiet  d  powers.  —  Required  to  report  violations  of  game  law;  authorized  to  arrest 
all  violators,  to  search,  under  warrant,  any  building  not  a  private  residence,  any  car, 
vehicle,  vessel,  or  package;  to  confiscate  all  game  found  in  possession  in  violation  of 
law  :  exempt  from  liability  for  seizure  of  property  unlawfully  held  in  posses-ion. 

wardens. — As  many  a-  deemed  necessary;  appointed  by  the  game 
warden  for  each  supervisor's  district;  term  two  years;  same  powers  as  warden. 

(2)  Other  officers:  Sheriffs,  constables,  and  city,  town,  and  village  marshals 
required  to  arrest,  with  or  without  process,  anyone  they  know  or  have  reason  to 
believe  i>  violating  police  regulations;  to  Beize  game,  fish,  and  appliances  found  in 

—  ion  of  such  offender-  and  convey  such  offenders  before   the   proper  justice  of 
the  peace,  mayor,  or  police  justice. 

Forest  and  game  protective  fund:   All  1,  at  of  tines 

(other  50  per  cent  paid  to  informer)  collected  under  game  laws  constitute  a  county 
3t  and  game  protective  fund,'  to  be  used  by  hoards  of  supervisors  in  paying 
wardens  and  deputies. 

4     Administrative  provisions:  Game  taken  contrary  to  law  or  regulations  of 

boards  of  supervisors,  and  guns,  dogs,  traps,  and  appliances  used  in  taking  game 

unlawfully   to    be    forfeited:    court    adjudging  such    forfeiture    to    allow    prosecutor 

nable  compensation  from  proceeds;  disposition  of  forfeited  hunting  parapher- 

l:;-s_ \,,.  2S— 07 9 


i, 


116  GAME    COMMISSIONS    AND    WARDENS. 

nalia  may  be  determined  by  board  of  supervisors;  in  case  of  delayed  hearing  of 
offender,  magistrate  may  cause  seized  game  to  be  disposed  of  before  hearing,  proceeds 
being  held  to  abide  result;  breach  of  any  regulation,  order,  or  resolution  of  board  of 
supervisors  a  misdemeanor  and  violation  of  police  order  renders  game  taken  and 
appliances  used  subject  to  forfeiture. 

Prosecution  must  be  begun  within  two  years. 

MISSOURI. « 

(1)  Officers:  State  game  and  fish  warden;  office  established  in  1895;  reorganized 
in  1905;  term,  two  years;  salary.  $2,000  per  annum,  with  allowance  of  $2,000  per 
annum  for  traveling  expenses. 

Duties  and  powers. — Required  to  supervise  enforcement  of  game  and  fish  laws;  to 
direct  prosecutions  by  county  wardens  when  circumstances  justify;  authorized  to 
make  complaint  and  cause  proceedings  to  be  instituted  against  offenders. 

(2)  Other  officers. — Sheriff  of  each  county  is  ex  officio  game  and  fish  warden  for 
his  county,  and  his  deputies  and  all  constables  and  justices  of  the  peace  are  deputy- 
wardens ;  compensation,  same  fees  and  costs  allowed  in  other  criminal  prosecutions; 
wardens  may  make  complaint  and  cause  proceedings  to  be  commenced  against 
offender. 

(4)  Administrative  provisions:  Licensees  required  to  exhibit  their  license  to 
county  wardens  or  deputies;  wardens  not  required  to  furnish  security  for  costs; 
wearing  or  having  artificial  light  on  the  head  prima  facie  evidence  of  hunting  deer 
therewith  contrary  to  law;  game  transported  unlawfully  must  be  confiscated  and 
delivered  to  charitable  institutions. 

Prosecution  must  be  begun  within  one  year. 


MONTANA. 


(1)  Officers:  State  game  and  fish  warden;  office  established  March  18,  1901;  term 
four  years;  bond,  S3, 000;  salary,  82,400  per  annum,  and  allowance  of  82,000  per 
annum  for  expenses  and  81,200  per  annum  for  salary  of  office  clerk. 

Duties  and  powers. — Required  to  examine  into  violations  of  game  laws  and  institute 
prosecutions;  to  issue  hunting  licenses;  to  report  semiannually  to  the  governor;  has 
power  of  sheriff  for  arresting  and  prosecuting;  supervises  deputy  and  special  deputy 
game  and  fish  wardens;  State  warden  is  also  State  fire  warden  and  ex  officio  mem- 
ber of  board  of  fish  commissioners. 

Special  deputies. — Not  less  than  five  nor  more  than  twelve,  appointed  by  the  State 
fish  and  game  warden  for  four  years;  bond,  Si, 000;  salary,  $1,500  per  annum;  $300  per 
annum  for  expenses,  and  same  fees  for  services  as  allowed  sheriff  or  constable; 
required  to  examine  into  violations,  institute  prosecutions,  and  report  to  the  State 
warden  monthly;  vested  with  powers  of  sheriffs  to  arrest  and  prosecute  throughout 
the  State;  when  rendering  services  outside  of  his  district  a  warden  is  entitled  to  his 
actual  and  necessary  expenses. 

Deputies. — Appointed  by  the  State  warden  and  vested  with  same  powers  as  special 
deputy  wardens. 

All  wardens  have  authority  to  arrest,  without  warrant,  any  nonresident  found  in 
the  fields  or  forests  or  upon  the  waters  of  the  State  with  a  gun  if  he  has  not  a 
license;  to  search  any  person,  boat,  conveyance,  vehicle,  fish  box  or  basket,  game 
bag  or  coat,  or  any  other  receptacle  for  evidence  of  violation  of  law,  and  to  seize  |  and 
may  do  so  without  warrant)  game  unlawfully  killed,  taken,  shipped,  or  possessed: 

'  By  repeal  of  act  of  March  10,  D>05.  the  State  game  protection  fund  was  abolished, 
and  there  is  now  no  provision  for  deputy  or  county  wardens  except  sheriffs  and 
other  peace  officers. 


MONTANA       m  r.i;  18KA.  117 

may  prosecute  without  giving  securitj  for  costs,  and  nm\  i •■« jui r »•  i  j  .r-«.n  in  | .. ,--«•- 
rion  of  a  license  to  identify  himself. 

•j)  Other  ofifl  are  required  to  qualify  as  such )  required  to 

take  oath  of  office  ai  deputy  game  wardens  and  i"  reporl  to  State  warden  at  expira- 
tion of  time  for  which  employed;  sheriffs,  deputy  sheriffs,  and  peace  officers  have 
powers  -•!'  deputy  game  wardens,  except  in  seizure  without  warrant 
officers,  and  county  attorneys  must  prosecute  violators  when  informed  of  violation 

v,  and  fail un-  i"  .1"  bo  renders  them  liable  to  fine  and  imprisonment;  be 
and  peace  officers  may  arrest  without  warrant  any  nonresident  found  with  gun  in 
fields  <>r  forests  or  on  streams  without  license. 

Game  protection  fund  :  \ll  fines,  license  fees,  and  other  money  collected 
under  game  laws  to  be  paid  into  State  treasury  t<»  credit  of  fish  and  game  fund  for 
payment  of  salaries  and  expenses  of  game  and  fish  department  Proceeds  from  sale 
of  firearms  of  Indians  hunting  outside  their  reservations  (when  Beized  by  warden  ►, 
to  be  paid  into  same  fund. 

Administrative  provisions  :  Proof  of  probable  cause  tor  believing  game  un- 
lawfully shipped  or  | — eased  ha-  been  concealed  is  g  round  for  issue  of  search  war- 
rant by  any  court  having  jurisdiction  of  offense,  duo.  ted  to  any  warden,  sheriff, 
deputy  sheriff,  or  constable  to  search  any  place,  building,  apartment,  inclosure,  or 
car,  and  to  cause  any  chest,  box,  locker,  crate,  basket,  or  package  t<»  1m-  broken 
open  and  con  t  t-nt<  examined  ;  possession  of  dead  body  <>r  part  thereof  of  game  prima 
facie  evidence  of  killing  on  part  oi  possessor,  and  of  gun  in  Held  or  forest  or  upon 
water-  of  the  State  by  a  nonresident  who  has  not  a  license  prima  facie  evidence  of 
violation  <>f  law;  game  seized  to  he  sold  for  highest  price,  purchaser  to  receive 
tificate  of  sal.-,  and  if  person  possessing  seized  game  is  convicted  proceeds  to  i,(-  paid 
into  game  fund,  otherwise  to  defendant  ;  no  liability  incurred  by  officers  for  seizure 
and  sale:  wardens  required  to  seize  and  sell  firearms  of  Indians  hunting  outside  an 
Indian  reservation;  judges  of  district  courts  required  to  call  attention  of  grand  juries 
to  game  law-;  grand  juries  required  to  investigate  all  violations  and  if  evidence 
warrants  to  indict  :  lines,  bonds,  and  penalties  may  be  collected  by  civil  action 
in   name  of  State. 

adition.  —  If  in  any  trial   for  a   felony  it   is  shown  that  defendant  has  violated 
the  game  law  of  another  State  the  court  shall  hold  him  for  ten  days  or  time  : 
sary  to  allow  such   State   to  extradite   him,  and  county  attorney  shall    immediately 
notify  proper  officers  of  such  State  of  the  facts. 

Prosecution  for  misdemeanors  must  be  begun  within  one  year;  for  felonies  within 
five  years  ;  civil  actions  within  two  years. 

NEBRASKA. 

Officers:  Game  and  fish  commissioner;  office  established  .Inly  1,  1901;  gov- 
ernor to  he  commissioner;  term  two  years. 

Duties  and  powers.  —  Required  to  protect,  propagate,  and  breed  valuable  fish  and 
jgame,  smu.'  and  insectivorous  birds;  to  collect  and  distribute  useful  information  con- 
cerning their  protection  and  propagation;  to  publish  and  enforce  the  laws;  to  pre- 
scribe necessary  rules,  regulations,  and  forms;  and  to  issuelicene 

Deputy  game  <m>l  ji.<h  commissioners. — Two  in  number,  appointed  by  governor  for 
two  year-,  one  to  be  chief  deputy  with  office  in  Lincoln,  one  to  have  charge  of  fish 
hatcheries;  chief  deputy  to  receive  salary  of  $1,500  per  annum  and  expenses  not 
exceeding  Son;  three  deputies  appointed  by  governor  at  $75  per  month  and  ex ;  k 
not  exceeding  $300  per  annum  while  actually  employed:  governor  may  also  appoint 
deputies  for  special  purpose,  who  have  authority  of  other  deputies  for  that  purpose 
hut  without  compensation,  and  a  secretary  at  a  -alary  of  $75  per  month,  or  chief 
deputy  may  be  made  secretary  with  $300  addition  to  yearly  -alary. 


118  GAME    COMMISSIONS    AND    WARDENS. 

Commissioner  and  deputies  required  to  enforce  the  laws:  vested  with  the  powers 
of  sheriffs  to  arrest  and  serve  civil  and  criminal  process  in  connection  with  their 
duties,  and  entitled  to  receive  same  fees  as  sheriffs;  required  to  arrest,  with  or  with- 
out warrant,  violators  of  the  law,  and,  with  or  without  warrant,  to  open  and  examine, 
all  places  where  game  illegally  taken  or  held  is  supposed  to  be  and.  it  any  1»<-  found 
to  seize  tin-  same;  to  seize  all  game  brought  into  the  State  in  violation  of  non- 
exporl  laws  .if  another  State  and  to  dispose  of  the  same  in  accordance  with  the 
laws  of  Nebraska. 

(2)  Other  officers:  Sheriffs  and  constables  required  to  enforce  game  laws  and  to 
seize  game  or  song  birds  taken  or  held  in  violation  of  law;  to  arrest,  without  warrant, 
any  person  they  believe  guilty  of  violating  law,  and  with  or  without  warrant,  to 
open,  enter,  and  examine  all  camps,  wagons,  cars,  stores,  stages,  tents,  packs,  ware- 

-  houses,  outhouses,  stables,  barns,  boxes,  barrels,  and  packages  for  evidence  of  viola- 
tion of  law,  and  to  seize  any  game  or  birds  illegally  held  therein;  county  attorneys 
required  to  prosecute  all  offenders  and  see  that  laws  are  enforced,  and  constables, 
sheriffs,  and  police  officers  required  to  inform  against  and  prosecute  offenders.  Any 
failure  of  such  officers  to  perform  their  duties  renders  them  liable  to  punishment  for 
mi.-demeanor. 

(3)  Game  protection  fund:  [The  constitution  of  the  State  directs  all  fines,  pen- 
alties, and  license  moneys,  arising  under  the  general  laws  to  be  applied  exclusively 
to  the  support  of  public  schools,  hence  there  can  be  no  game  protection  fund  other 
than  regular  appropriations.] 

(4)  Administrative  provisions:  Dwelling  houses  may  be  entered  only  under 
authority  of  search  warrant.  Officer  seizing  game  may,  by  paying  reasonable  com- 
pensation, take  possession  of  and  use  vehicle  employed  in  carrying  such  game  for 
transportation  to  nearest  railroad  station,  but  public  conveyance  can  not  be  so  used. 
Civil  action  may  be  brought  by  commissioner  for  possession  or  value  of  game  ille- 
gally held  or  shipped  and  writ  of  replevin  shall  issue  without  bond.  Civil  action  no 
bar  to  criminal  prosecution  and  vice  versa.  Proof  as  to  part  of  a  bird  or  animal  suffi- 
cient to  sustain  charge  as  to  whole.  Violation  as  to  any  number  of  animals  or  birds 
of  the  same  kind  may  be  included  in  the  same  count  and  punished  as  separate 
offenses.  Possession  of  game  unaccompanied  with  valid  license,  prima  facie  evidence 
of  unlawful  killing;  licensee  must  permit  any  officer  to  inspect  and  copy  license: 
corporations  may  be  brought  into  court  by  reading  warrant  of  arrest  to  president, 
secretary,  or  manager,  and  fines  enforced  by  execution  against  its  property;  no  ques- 
tion of  title  to  property  trespassed  upon  shall  defeat  prosecution  unless  defendant 
shall  establish  his  right  to  same;  possession  of  game  in  close  season  for  shipment 
or  in  transit  prima  facie  evidence  of  violation  of  law;  duty  of  every  person  when 
game  is  offered  to  him  for  shipment  in  close  season  to  report  same  to  commissioner 
or  deputy;  game  seized  and  confiscated  to  be  given  to  charitable  institutions;  adver- 
tising game  on  menu  during  close  season,  prima  facie  evidence  of  possession  by  pro- 
prietor; nets,  traps,  and  other  devices,  except  guns,  used  for  illegal  capture  of  game, 
to  be  summarily  destroyed  by  any  person  and  no  liability  incurred  for  such  destruc- 
tion; all  lines  and  license  fees  to  be  paid  into  school  fund;  corporate  authorities  of 
any  city,  town,  or  county  shall  pay  complaining  witness  out  of  general  fund  an 
amount  equivalent  to  one-half  the  fine  in  every  conviction;  any  person  may  prose- 
cute in  name  of  State. 

Prosecution  for  offenses  for  which  penalty  prescribed  by  law  is  fine  of  less  than 
$100  or  imprisonment  less  than  three  months,  must  be  begun  within  one  year;  other- 
wise within  eighteen  months. 


M  \  \|.\       M  w     .11  R8EY.  I  19 

NEVADA. 

Officers:  One  fish  and  game  warden  tor  each  county  appointed  annually  by 
board  of  county  commissioners,  upon  petition  of  twenty  reaidenl  ta   • 
not  to  <  £20  per  month,  to  be  paid  from  general  fund  of  county. 

i;,  [uired  to  enforce  game  laws  and  may  arrest  violators  in  any 
county  in  the  State. 

appointed  by  county  wardens  have  same  powers, 
cution  musl  be  begun  within  one  year. 

NEW   HAMPSHIRE. 

Officers:  Board  of  Bah  and  game  commissioners;  established  L878;  com] 
of  three  members;  term,  five  years;  compensation,  chairman  *i,(mmi.  others 
per  annum  and  aecoooarj  expenses. 

d powers — To  enforce  game  and  fish  laws;  to  prescribe  regulations  for 
transportation  of  game  out  of  tin-  State;  t>>  confiscate  game  Illegally  taken,  and  sell 
thesame;  to  issue  licenses;  to  publish  the  laws  in  pamphlet  form  at  the  end  of 
each  session  of  the  legislature  and  to  n  port  biennially  to  the  governor. 

es  appointed  by  board  to  assist  in  any  prosecution,  to  be  paid  from 
tish  an<l  game  fund. 

Commissioners  and  detectives  have  powers  of  constables  and  may  arrest  on  sight 
persons  violating  the  law  and  any  nonresident  refusing  or  failing  to  exhibit  his 
license;  any  person  refusing  to  state  his  name  shall  be  deemed  a  nonresident  tor  the 
purpose  of  such  arrest 

mstables,  and  police  officers  shall  seize  and  destroy  all  gtu 
implements  used  in  violation  of  law. 

Game  protection  fund:  Fines,  penalties,  tees  from  nonresident  Licenses,  and 
:  sale  "t"  confiscated  game  to  be  paid  into  State  treasury  to  credit  of  fish 
and  game  detective  fund. 

Administrative  provisions:   Possession   of  carcass  or  hide  of  any  m< 
caribou,  elk,  or  fawn  or  of  more  than  two  deer,  or  of  game  out  of  season,  prima  facie 
evidence  that  holder  has   hunted   and  killed  same  in    violation  of  law:  nonresident 
required  to  have  license  in  hi-       —     -  on    while  hunting  and  to  exhibit  same  to  any 
pei -on  on  request. 

Prosecution  for  offenses  for  which  penalty  is  tine  of  less  than  $100  or  imprisonment 
an  six  months  must   he  begun  within  one  year;  otherwise  within  six  years. 

NEW  JERSEY. 

(1)  Officers:  Board  of  tish  and  game  commissioners;  hoard  established  .March  22, 
I  of  four  members;  term,  five  years;  no -alary,  but  members  entitled 
i  for  traveling  exp<  i 

/'  lies  and  "powers. — Required  to  protect,  propagate,  and  distribute  tish  and  game; 
to  enforce  the  game  laws;  to  enforce  such  laws  upon  view  or  information,  by  arrest 
and  prosecution  of  offenders  without  warrant  or  complaint;  to  report  to  legislature 
annually,  with  such  recommendations  as  they  deem  useful;  to  exercise  powers 
of  wardens  in  enforcing  the  laws. 

Fish  and  game  wardens. — Twenty-five  in  number,  appointed  by  the  hoard  for  one 
year.  <>r  during  its  pleasure;  one  to  be  tish  and  game  protector  with  supervision  over 
other-,  salary  $100  per  month  and  an  allowance  of  $.".•»)  per  annum  forexpei 
the  others  to  receive  $50  per  month  and  expenses  not  to  exceed  $200  per  annum; 
required  to  enforce  the  laws;  empowered  to  execute  all  processes  connected  with 
enforcement  of  game  laws;  to  serve  subpoenas;  to  call  in  aid  of  any  constable,  sheriff. 
or  other  peace  officer  when  necessary  for  enforcement  of  the  laws;  to  make  summary 
arrests  in  cases  of  flagrant  violations. 


120  GAME    COMMISSIONS    AND    WARDENS. 

Deputy  fish  and  game  wardens. — Number  deemed  necessary  by  the  board;  have  all 
powers  and  authority  of  the  game  and  fish  wardens  and  entitled  to  fees  and  emolu- 
ments of,  and  subject  to  the  regulations  provided  for,  such  officers;  receive  no  salary 
from  the  State. 

All  foregoing  officers  have  authority  of  constables  and  power  to  arrest,  without 
warrant,  persons  violating  the  game  laws  in  their  presence,  to  take  such  offenders 
before  the  proper  court,  and  to  make  complaints  against  them;  are  entitled  to  same 
fees  as  constables;  have  right  to  search,  without  warrant,  any  boat,  conveyance, 
vehicle,  game  bag  or  coat,  or  other  receptacle  when  they  have  reason  to  believe 
that  game  laws  have  been  violated;  and  to  seize  any  game  unlawfully  taken,  caught, 
killed,  possessed,  transported,  or  about  to  be  transported. 

(2)  Other  officers:  Constables,  police  officers,  and  members  of  incorporated  game 
societies  have  power  to  institute  prosecutions  and  to  arrest,  without  warrant,  persons 
violating  the  law  in  their  presence. 

(3)  Game  protection  fund:  Nonresident  license  fees  to  be  used  to  pay  expenses 
of  protecting  and  propagating  game;  one-third  of  fines  or  penalties  to  be  paid  to  the 
board  to  be  used  in  protecting  game. 

(4)  Administrative  provisions:  Justices  of  the  peace,  district  courts,  and  police 
magistrates  have  jurisdiction  to  try  all  offenses  against  game  laws;  penalties  may  be 
recovered  in  county  where  offense  was  committed,  where  offender  is  first  appre- 
hended, or  where  he  may  reside;  such  courts,  upon  receiving  complaint  in  writing, 
duly  verified,  of  a  violation  of  law,  are  required  to  issue  a  warrant  directed  to  any 
officer  charged  with  enforcement  of  the  game  law  commanding  him  to  arrest  the 
person  charged  and  bring  him  before  the  court  to  be  summarily  tried,  and  in  case 
of  violation  by  a  corporation  the  summons  shall  require  such  corporation  to  appear 
before  the  court  on  a  day  stated  to  answer  said  complaint,  the  summons  to  be 
served  on  the  president,  vice-president,  secretary,  superintendent,  or  manager  of 
such  corporation  not  less  than  five  days  before  appearance  day;  complaint  must 
specify  the  section  of  the  law  violated,  and  the  time  when  and  place  where  com- 
mitted; proceedings  for  recovery  of  penalties  must  be  brought  in  the  name  of  the 
State  with  one  of  the  officers  charged  with  enforcement  of  the  law  as  prosecutor; 
proceedings  may  be  instituted  and  process  served  on  Sunday;  defendant  not  entitled 
to  a  jury;  prevailing  party  recovers  cost  against  the  other;  court  may  grant  not  more 
than  thirty  days'  time  for  either  party  to  prepare  for  trial;  any  party  to  a  proceeding 
may  appeal  to  the  court  of  common  pleas  of  the  county;  witnesses  not  excused  from 
testifying  because  their  testimony. might  incriminate  them,  but  such  testimony  can 
not  be  used  against  them;  proof  or  probable  cause  for  believing  that  game  illegally 
taken,  killed,  caught,  possessed,  has  been  concealed,  or  shipped,  is  ground  for  issu- 
ance of  a  warrant  directed  to  a  commissioner  or  warden  commanding  him  to  search 
any  place  and  examine  contents  of  any  receptacle;  all  game  seized  to  be  disposed  of 
as  court  may  direct;  persons  furnishing  evidence  to  secure  conviction  and  person 
making  complaint  each  entitled  to  one-third  the  fine;  possession  of  deer  and  water- 
fowl in  close  season  prima  facie  evidence  of  illegal  possession. 

Prosecution  must  be  begun  within  two  years. 

NEW  MEXICO. 

(1)  Officers:  Game  and  fish  warden;  office  established  March  12,  1903;  term,  two 
years;  bond,  §2,000;  salary,  $1,800  per  annum. 

Deputy  wardens  for  each  county  appointed  by  warden;  compensation  one-half  of 
all  fines  resulting  from  prosecutions  instituted  by  them. 

All  wardens  required  to  enforce  laws,  institute  or  cause  to  be  instituted  prosecu- 
tions for  violations,  arrest  violators,  and  secure  evidence  against  them. 

Fines.  —One-half  to  be  paid  into  county  treasury  for  school  purposes. 

Prosecution  must  be  begun  within  two  years. 


NEW    YORK.  1  "J  1 


NEW   YORK 


i     Offloers:   I    rest,  fish,  and  game  commission;  established    I8fi  mixed 

with   one  commissioner;  term,  four  years;  bond,  110,000  0  per 

annum  and  necessary  expenses;  maj  appoint  a  secret  an  and  other  in-rcssin  «  i 

nit.-. 
/'  ro  enforce  forest,  fish,  and  game  laws;  to  establish  time  deer  park 

ling  deer  and  wild  game;  care  for  and  control  forest   preserves  and  parks,  and 
rm  such  other  duties  a-  tin-  legislature  may  provide  for;  must  take  constitu- 
tional oath;  required  to  issue  licenses,  and  to  report  annually,  not  later  than  Beptem- 
i,  to  the  legislature. 

mmissioner.  — Appointed  by  i imissioner;  bond,  $10,000;  salai 

and  necessary  expenses;  authorized  t"  act  for  commissioner  a  hen  latter  is  absenl  "i 
unable  to  act;  must  take  constitutional  oath. 

i.— Seventy-five  in  number;  appointed    by  commissioner,  to  hold 
office  during  hia  pleasure,  one  t<>  be  chief  protector  a  ith  supervision  over  others;  Bal- 
£2,000  per  annum  and  traveling  expenses  not  over  $1,000;  after  five  years1  service 
salary  may  be  increased  $500;  three  to  be  assistant  chief  protectors;  salaries,  first 
scond  and   third  assistants,  $1,200   per  annum,   and   traveling 
expenses  not  over  $750;  other  protectors,  salary  $600  per  annum  and  expenses  not 
over  1 150,  also  one-half  «»t*  fines  and  penalties  when  recovered  upon  information  fur- 
nished by  them.     They  are  required  t<>  enforce  game  and  fish  law.-,  execute  all  war- 
rant-, serve  summons  issuing  from  justice"-  court  ami  Bubpoenas,  search  without  war- 
rant boats,  cars,  Lockers,  baskets,  crates,  game  bags  or  other  packages,  ami  build- 
and  with  warrant  any  dwelling  house  to  ascertain  whether  the  laws  have  been 
violated;  arrest,  without  warrant,  persons  violating  laws  in  their  presence;  kill  <1<  .lt- 
found  chasing  deer  in  the  Adirondack  Park,  ami  report  monthly  through  the  chief 
protector  to  the  commissioner. 

S  ial  gamt  i>r<>t,cturs  may  be  appointed  by  commissioner  when  recommended  by 
supervisors  of  county  or  by  game  clubs,  to  have  powers  of  game  protectors,  except 
Searching  without  warrant:  t<>  serve  without  compensation  from  State  an. I  report  to 
the  chief  protector. 

(2)  Other  officers:  Peace  officers  have  -ame  powers  as  game  protectors,  except 
right  of  search  without  warrant. 

Game  protection  fund:  Annual  appropriation;  fines  and  penalties  are  paid 
to  commissioner,  who  pays  the  cost  of  collection  out  of  same;  one-half  penalty  col- 
lected in  any  action  by  individual  or  game  society  also  paid  to  commissioner. 

(4)  Administrative  provisions:  The  game  laws  are  almost  exclusively  enforced 
^>y  civil  actions  for  recovery  of  the  penalty,  and  such  actions  must  he  brought  on 
order  oi  chief  protector  or  commissioner,  and  if  in  a  justice's  court  may  he  brought 
in  town  or  count}-  where  penalty  is  incurred  or  in  the  county  where  defendant 
resides;  commissioner  may  employ  special  counsel  to  prosecute,  and  he  lixes  com- 
pensation therefor;  any  person,  on  giving  security  for  costs,  or  any  society  or  cor- 
poration for  the  protection  of  game,  may  recover  in  his  or  its  name  penalties  for 
violation  of  game  and  fish  laws,  and  in  case  of  collection  receives  one-half  thereof; 
probability  of  concealment  of  game  illegally  captured  is  ground  for  issue  of  search 
warrant;  posses-ion  oi  deer  in  Last  ten  days  of  open  season  presumptive  evidence  oi 
unlawtul  taking;  no  one  excused  from  testifying  because  Ins  testimony  mighl  tend 
Id  convict  him  of  a  crime,  hut  such  testimony  can  not  he  used  against  him  in  any 
prosecution,  and  when  he  is  called  by  state  and  so  testifies  any  prosecution  of  him 
under  the  game  laws,  about  which  he  testified,  is  barred;  any  person  may  summarily 
de-troy  devices  for  unlawfully  taking  fish  and  game,  without  Liability  therefor; 
presence  of  dog  in  forest  inhabited  by  deer  presumptive  evidence  that  owner  thereof 
is  violating  law  and  such  do«zs  may  he  killed  by  any  person;  possession  of  flesh  or 


122  GAME    COMMISSIONS    AND    WARDENS. 

any  part  of  moose,  elk,  caribou,  or  antelope  in  open  season  for  deer  presumptive 
evidence  of  illegal  capture  by  possessor;  courts  of  special  sessions,  police  courts  in 
towns  and  villages,  and  courts  in  cities  having  jurisdiction  to  try  misdemeanors  shall 

have  exclusive  jurisdiction  of  offenses  under  game  laws,  and  such  jurisdiction  shall 
extend  throughout  the  county. 

Action  must  be  begun  within  two  years. 

NORTH  CAROLINA. 

(1)  Officers:  Audubon  Society  of  North  Carolina;  incorporated  March  6,  1908. 
The  secretary  is  the  chief  executive  officer  of  the  society. 

Objects  and  powers. — To  promote  among  the  citizens  of  the  State  an  appreciation 
of  the  value  of  song  and  insectivorous  birds;  to  encourage  the  instruction  of  children 
on  the  subject;  to  secure  enactment  and  enforcement  of  necessary  laws  for  the  preser- 
vation of  birds  and  game:  to  appoint  officers  to  enforce  such  laws;  and  to  raise  funds 
for  carrying  out  the  objects  of  the  society. 

Treasurer  appointed  by  governor;  term,  during  good  behavior;  required  to  report 
annually  to  governor.  Secretary  elected  annually  by  the  society:  salary.  $1,800  per 
annum. 

*  Bird  and  game  wardens  appointed  by  governor  upon  recommendation  of  secretary; 
to  hold  office  during  good  behavior;  compensation  fixed  by  society;  have  powers  of 
constables;  required  to  prosecute  persons  or  corporations  having  game  in  possession 
contrary  to  law;  to  see  that  the  laws  are  enforced;  and  to  obtain  information  regard- 
ing all  infractions  thereof. 

(3)  Game  protection  fund:  Proceeds  from  nonresident  licenses  and  sale  of  game 
seized  remitted  to  State  treasury  to  constitute  a  fund  known  as  the  '  bird  and  game 
fund,'  and  to  be  paid  out  upon  orders  and  vouchers  of  Audubon  Society. 

(4)  Administrative  provisions:  Affidavit  of  reasonable  cause  for  believing  game 
to  be  in  possession  of  common  carrier  in  violation  of  law  ground  for  issue  of  search 
warrant  directed  to  warden  to  search  cars,  warehouses,  and  receptacles,  and  to  seize 
such  game;  seized  game  to  be  sold  at  auction  by  warden,  and  purchaser  to  receive  a 
certificate  of  lawful  sale;  nonresident  required  to  exhibit  his  license  to  warden  or 
police  officer  on  demand. 

Prosecution  must  be  begun  within  two  years. 

NORTH  DAKOTA. 

(1 )  Officers:  One  district  game  warden  for  each  of  two  districts;  original  office  estab- 
lished in  1895  and  reorganized  in  1903;  term,  two  years;  bond,  81,000;  compensation, 
30  per  cent  of  license  fees  and  one-third  proceeds  of  sale  of  confiscated  game. 

Duties. — To  superintend  and  aid  in  enforcement  of  laws. 

Deputy  game  wardens* — Appointed  by  district  game  wardens  in  their  respective  dis- 
tricts, one  for  each  county  having  less  than  3,000  inhabitants,  two  for  each  county 
having  more  than  3,000  and  less  than  7,000,  three  for  every  other  county,  and  special 
deputies,  when  considered  necessary  by  the  warden,  to  serve  during  his  pleasure; 
compensation,  40  per  cent  of  license  fees,  two-thirds  of  proceeds  of  sale  of  confiscated 
game,  and  such  fees  as  constables  are  entitled  to  when  making  arrests;  required  to 
inform  themselves  of  all  violations  and  prosecute  same,  and  to  arrest  offender  under 
warrant  sworn  out  before  any  justice  of  the  county  or  Without  warrant  if  offender  is 
caught  in  act  of  violating  law,  in  which  case  party  arrested  shall  be  immediately 
taken  before  a  competent  court  and  a  warrant  obtained;  to  report  seizure  of  game  to 
district  game  warden  at  once  and  turn  same  over  to  him  on  request 

All  wardens  have  powers  of  constables  for  enforcing  game  laws;  are  required  to 
seize  game  illegally  killed,  shipped,  or  possessed,  and  may  do  so  without  warrant. 

(2 )  Other  officers:  Peace  officers  required  to  seize  game  taken,  shipped,  received 


NORTH    DAKOTA      OHIO.  I  28 

Jpment,  had  in  p<  >—■«•-- i.-n  or  under  control  in  violation  of  law,  and  ma}  d 
without  warrant;  to  isure  to  district  game  warden  and  tun 

him  on  request;  entitled  to  two-thirds  proceeds  of  sale  eized  by  tl 

Ghun<    protection  fond:   I  ight)  per  cent  oi  fees  from  hunting  licensee  and 
sale  of  confiscated  game  are  paid  to  wardens  for  their  services;  20  per 
cent  li<  paid  into  State  general  fund. 

\    Administrative  provisions:   Proof  of  probable  cause  for  believing  that  game 

taken,  shipped,  <>r  possessed  iii  vi  »lati»'!i  of  law  has  been  concealed  i-  pround  for 

rch  warrant  by  competent  court  to  search  an)  place  described  in  warrant 

and  to  break  open  any  apartment,  chest,  box,  locker,  crate,  packet,  or  package  and 

examine  contents;  prame  seized  by  deputy  wardens  and  peace  officers  considered  in 

f  district  warden   and   Bubject   to  his  direction,  to   be  Bold    within    - 

with  understanding  that  purchaser  may  deal  with  it  as  if  killed  or  possessed  law- 
fully; misdemeanor  to  hinder  or  obstruct  any  officer  in  discharge  of  duty;  State's 
attorneys  required  to  prosecute  any  Indian  violating  law;  hunting  license  subject  to 

don  by  any  person  on  demand;  20  per  cent  of  li©  use  fees  paid  into  State 
era]   fund  and  10  percent  retained  by  county  auditor  for  his  services  in  issuing 
licens 
Prosecution  must  be  begun  within  two  year-. 

OHIO. 

Officers:  Commissioners  of  fish  and  game;  commission  established  in 
composed  of  five  members;  term,  five  year-:  bond, $2,000;  serve  without  salary,  but 
entitled  to  all  their  expenses.     Have  complete  control  of  all  matter-  pertaining  to 
hirds.  fish,  and  game,  and  required  to  enforce  the  laws  for  their  protection. 

.  -Appointed  by  commissioners  for  two  years;  bond,  I  salary, 

$1,500  per  annum  and  expenses,  not  to  exceed  $1,000,  paid  from  appropriation  for 
use  of  commissioners;  required  to  visit  all  parts  of  the  state  to  direct  and  assist 
other  warden-. 

Deputy  StaU  wardens. — Such  number  as  necessary  appointed  by  commiseaoners  for 
two  years:  bond,  $200. 

iai  ward*  ns. — Appointed  by  commissioners  in  such  number  and  for  such  period 
immissioners   may  direct;   have  all   tin-  powers  of  deputy  State   wardens  and 
required  to  perform  the  same  duties:  bond.  >: 

Compensation  of  wardens. — Commissioners  may  direct  that  any  lines  collected  in 
•itioii-  by  deputy  State  wardens  be  paid  to  them,  and  all  wardens  are  entitled 
to  Ban  -  a  Bheriff  is  paid  in  like  cases  under  the  criminal  laws;  commissioners 

may  pay  deputy  State  and  special  warden-  such  compensation  from  funds  appro- 
priated for  their  use  as  they  deem  proper. 

All  wardens  required  to  enforce  the  laws  for  protection  of  birds,  game,  and  fish, 
and  to  search  any  place  where  game  is  unlawfully  possessed;  empowered  to  execute 
and  serve  all  warrant-  and   \  I  law  arising  from  enforcement  of  game  laws 

in  same  manner  as  sheriff:-:  may  arrest  on  Bight  and  without  warrant  persons 
detected  by  them  in  act  of  violating  law:  have  power  of  sheriffs  to  require  aid  in 
executing  any  process;  must  seize,  and  may  do  >,>  without  warrant,  game  unlawfully 
in  possession,  and  guns,  traps,  and  other  devices  with  which  the  same  was  taken. 

(2)  Other  officers:  Sheriffs,  deputy  sheriffs,  constables,  and  other  peace  officers 
required  to  enforce  law-  for  preservation  of  birds,  game,  and  fish;  have  same  powers 
a-  wardens  and  entitled  to  same  fees;  prosecuting  attorneys  receive  20  percent  of 
■llected  in  prosecutions  conducted  by  them. 
•';  Game  protection  fund:  Fine-,  penalties,  and  forfeitures  unless  otherwise 
directed  by  commissioner-  to  he  paid  to  president  of  commission  and  by  him  placed 
in  state  treasury  to  credit  of  fund  for  use  of  commissioners;  nonresident  licensi 


1*24  GAME    COMMISSIONS    AND    WARDENS. 

and  fees  for  permits  to  collect  birds  for  scientific  purposes  are  also  paid  into  state 
treasury  for  use  of  commissioners. 

(4)  Administrative  provisions:  Persons  arrested  without  warrant  to  be  im- 
mediately taken  before  a  magistrate,  and  upon  complaint  made  by  warden  to  be 
tried;  arrest  may  be  made  on  Sunday,  and  offender  required  to  give  bond  for  his 
appearance  on  a  week  day  as  soon  as  practicable  after  arrest;  prosecutions  by  wardens 
and  police  officers  for  offenses  not  committed  in  their  presence  can  only  be  instituted 
on  approval  of  prosecuting  attorney  or  under  direction  of  attorney-general;  guns, 
nets,  traps,  or  other  devices  used  in  unlawful  capture  of  game  or  birds  declared 
public  nuisances  to  be  seized  and  forfeited  to  State;  cost  of  seizure  to  be  a  lien  on 
such  property  subject  to  no  exemption,  and  a  writ  of  replevin  not  to  lie  to  regain 
possession  of  such  property,  but  latter  to  be  held  to  await  final  determination  of  case; 
warden  or  officer  seizing  implements  must  keep  them  and  within  three  days  institute 
proceedings  for  their  condemnation,  such  implements  to  be  sold  and  proceeds  paid, 
into  State  treasury;  if  defendant  pleads  guilty  no  condemnation  proceedings  neces- 
sary; officer  or  person  filing  complaint  entitled  to  writ  of  error  to  review  adverse 
decision.  (For  further  details  see  pp.  223-225,  sees.  8,  9,  and  10. )  Discovery  of  any 
gun,  net,  trap,  or  other  device  set,  maintained,  or  used  in  violation  of  law,  prima  facie 
evidence  of  guilt  of  person  using,  owming,  or  making  claim  thereto,  and  unlawful 
possession  of  game,  prima  facie  evidence  of  guilt  of  possessor;  reception  of  game  for 
shipment  to  a  point  without  the  State,  prima  facie  evidence  that  it  was  killed  or 
taken  for  purpose  of  so  shipping;  licensee  required  to  carry  with  him  his  license  and 
to  exhibit'  to  any  warden  or  officer  on  demand.  Seized  game  to  be  forfeited  to  the 
State. 

Prosecution  for  Sunday  hunting  must  be  begun  within  ten  days;  for  other  offenses 
within  three  years. 

OKLAHOMA. 

(1)  Officers  :  Territorial  game  and  fish  warden;  office  established  March  10,  1899; 
term,  four  years;  compensation,  one-half  the  fee  taxed  in  each  conviction,  and  fees 
of  sheriffs  for  making  arrests  and  serving  process. 

Duties  and  powers. — Required  to  enforce  game  and  fish  laws  and  to  bring  or  cause 
to  be  brought  actions  and  proceedings  for  violation  of  law;  authorized  to  prosecute 
in  same  manner  as,  and  without  sanction  of,  county  attorney;  to  examine  any  boat, 
conveyance,  vehicle,  fish  box  or  basket,  game  bag  or  coat,  and  any  other  receptacle 
where  he  has  reason  to  believe  evidence  of  violation  of  law  will  be  secured,  and  to 
seize,  with  or  without  warrant,  game  unlawfully  taken,  possessed,  or  transported; 
vested  with  power  of  sheriffs  to  serve  criminal  process  and  to  require  aid  in  exe- 
cuting the  same;  authorized  to  arrest,  without  warrant,  any  person  caught  by  him 
violating  laws;  directed  to  search  any  place,  without  warrant,  for  game  he  has  reason 
to  believe  is  held  for  shipment,  and  seize  same  and  arrest,  without  warrant,  the  per- 
-son  in  whose  possession  it  is  found. 

County  game  and  fish  wardens. — Appointed  by  warden,  with  like  powers,  and  author- 
ized to  appoint  deputy  county  wardens  with  like  powers.  County  wardens  and  their 
deputies  receive  one-half  fee  taxed  in  every  conviction  within  their  county. 

(2)  Other  officers:  All  county  and  township  officers  required  to  file  affidavit 
against  persons  known  to  them  to  have  violated  the  laws.  Sheriffs,  marshals,  and 
constables  required  to  search,  without  warrant,  any  place  where  they  believe  or  are 
informed  that  game  is  held  for  transportation  and  arrest  the  party  in  possession. 

(4)  Administrative  provisions:  Any  person  may  prosecute  violators  and  with- 
out bond  for  costs;  resisting  or  hindering  officer  making  search  prima  facie  evi- 
dence of  violation  of  game  law;  proof  of  probable  cause  for  believing  that  game 
unlawfully  possessed  has  been  concealed  is  ground  for  issue  of  search  warrant  to 
enter  any  compartment,  chest,  box,  locker,  crate,  basket,  or  package;  game  seized 
to  be  disposed  of  as  court  may  direct;  wardens  not  liable  for  such  seizure;  persons 


OKLAHOMA       l  >B1  QON.  1  25 

hindering  or  obstructing  wardens  guilt)  of  misdemeanor;  arrests  maj  be  made  on 
Bunday  when  Ian  is  violated  onthatday;  in  prosecution*  in  ; 
|10,  and  in  district  court  '  taxed  is  costs  Against  defendant,  to  be  distributed 

equally  between  Territorial  game  warden  and  county  warden;  a  ol  game 

facie  evidence  of  killing  within  Territory,  and  Eact  that  game  protected  by 
Oklahoma  was  killed  elsewhere  prima  facie  evidence  that  it  was  killed  th< 
fully;  county  attorney  required  to  institute  suit  against  common  i  n  violation 

.•t'  transportation  laws,  and  m  fee  of  |100to  be  taxed  as  costs,  t-'  l>«-  paid  to  such  attor- 
oey;  I  taxed  against  defendant  incase  of  Bale  of  game,  to  be  paid  county 

attorney  prosecuting;  in  prosecutions  for  violating  law  against  transportation  of  game 
Informer  entitled  to  one-half  of  fine,  and  ■  fee  of  $50,  to  be  taxed  as  costs  in  such 
paid  to  county  attorney  conducting  prosecution. 
Prosi  i  iition  must  Ikj  begun  within  three  year-. 

OREGON. 

Officers:  State  game  and  forestry  warden;  office  established   February   Is, 
term,  four  years;  bond,  \  ary,  $1,200  per  annum  and  expenses  not  to 

ex<  eed  $500  per  annum. 

/'     --   ind  powers.  —  Required  to  enforce  game  laws;  bring  or  cause  to  be  brought 
actions  and  proceedings  to  recover  fines  and  penalties,  or  to  inflict  punishment;  t<> 
market  hunting  licenses;  to  report  annually  on  the  Lstof  December  to  the  gov- 
ernor; to  seize,  with  or  without  warrant,  game  unlaw  fully  taken,  killed,  shipped,  or 
38ed;  authorized  to  search,  with  or  without  warrant,  boats,  conveyances,  vehi- 
cles, game  bags,  coats,  and  other  receptacles,  cold  storage  rooms,  and  packag 

-  held  for  shipment  or  storage  believed  to  contain  evidence  of  a  violation  of  law 
without  liability  for  such  search  and  seizure;  authorized  to  search  any  person  who 
ason  to  believe  has  in  his  possession  evidence  of  violation  of  game  laws. 
ial  deputy  game  and  forestry  wardens. — As  many  as  may  be  necessary,  appointed 
State  warden,  for  such  time  as  he  designates,  and  vested  with  Bame  powers  given 
him;  compensation  fixed  by  state  warden,  not  more  than  $2  per  day  for  time  actu- 
ally employed,  necessary  expenses,  and  one-third  of  lines  in  certain  cases  where  they 
:ute. 
All  wardens  have  authority  to  arrest,  without  warrant,   persons  found  by  them 
violating  the  game  laws  and  to  take  .  uch  persons  before  any  court  having  jurisdic- 
tion tor  trial. 

2  Other  officers:  Sheriffs,  deputy  sheriffs,  and  constables  are  ex  officio  game, 
Bsh,  and  forestry  wardens  and  have  power-  of  such  wardens;  required  to  report  under 
oath  to  the  circuit  court  at  every  term  any  violations  know  n  to  have  occurred  within 
the  county;  entitled,  in  addition  to  all  other  fees,  to  one-third  or  one-half,  accord- 
ing to  law  violated,  of  the  fine  in  cases  prosecuted  by  them. 

3  Game  protection  fund:  License  fees  and  fines  collected  for  violation  of  hunt- 
ing license  laws  constitute  a  game  fund. 

Administrative  provisions:  Proof  of  probable  cause  for  believing  that  game 
Illegally  possessed  has  been  concealed  is  ground  for  issue  of  a  warrant  to  search  any 
building,  inclosure,  car,  boat,  compartment,  chest,  box,  crate,  basket,  or  package; 
seized  game  to  be  disposed  of  as  court  before  whom  offender  is  tried,  or  any  compe- 
court,  may  direct;  possession  of  game  in  close  season  prima  facie  evidence  such 
same  was  taken  in  violation  of  law;  interference  with  an  officer  searching  for  evi- 
dence of  violation  prima  facie  evidence  that  person  SO  doing  is  guilty  of  violation  of 
law;  district  attorney  to  prosecute  violations  on  order  of  state  warden;  informers 
entitled  to  one-half  the  fine  in  certain  case-,  and  after  payment  of  expenses  of  trial 
the  remainder,  if  any,  to  be  paid  into  general  fund  of  State;  Licensee  required  to 
exhibit  license  upon  demand  to  any  officer  charged  with  enforcement  of  game  laws 
or  to  any  person  upon  whose  lands  he  may  he  hunting. 
Prosecution  must  he  begun  within  two  years. 


L26  GAME    COMMISSION-    AND    WARDENS. 

PENNSYLVANIA . 

(1)  Officers:  Board  of  game  commissioners;  established  in  1895;  composed  of  sue 
members;  term,  three  years;  no  compensation. 

Duties. — To  protecl  and  preserve  the  game  animals  and  birds  and  nongame  birds;  to 

en  lone  the  game  laws;  to  collect,  classify,  and  preserve  data  and  information  rela- 
tive to  game  protection;  to  report  to  the  governor  annually  in  December. 

Game  protectors. — Ten  in  number,  appointed  by  board,  one  to  be  chief  protector  and 
secretary,  with  supervision  over  the  others;  term  during  pleasure  of  board;  bond, 
chief  protector  81,000,  others  $500;  protectors  may  receive  salary  or  per  diem,  as 
board  may  agree  with  them,  and  expenses,  exclusive  of  traveling,  not  to  exceed  $2 
per  day.  They  have  power  to  serve  all  processes,  to  arrest,  without  warrant,  per- 
sons violating  the  game  law  in  their  presence;  to  arrest  on  Sunday;  to  search,  with- 
out warrant,  any  place  for  game  when  they  have  good  reason  to  oelieve  that  the 
laws  have  been  violated,  and  to  seize  game  unlawfully  possessed:  in  making  arrests 
may  call  any  citizen  to  their  aid  ;  may  purchase  and  sell  game  when  by  so  doing 
they  can  discover  violations  of  law,  game  so  used  to  be  delivered  to  some  charitable 
institution  when  no  longer  needed  for  evidence. 

Deputy  game  protectors.—  One  for  each  county,  appointed  by  board;  bond,  8300;  have 
all  the  powers  of  protectors  and  receive  same  compensation  as  constables  for  similar 
services. 

Special  deputy  game  protectors. — Number  at  discretion  of  board,  which  makes  the 
appointments;  serve  without  compensation  from  State  or  county;  have  the  powers 
of  game  protectors. 

All  officers  required  to  enforce  the  game  laws,  and  authorized  to  seize  guns,  shoot- 
ing paraphernalia,  and  game  belonging  to  party  suspected  of  hunting  without 
license;  are  exempt  from  liability  for  seizure  of  game,  guns,  and  appliances  in  accord- 
ance with  law. 

(2)  Other  officers:  Constables  are  ex  officio  game  wardens  for  their  respective 
counties,  have  powers  of  protectors;  in  addition  to  statutory  fees  are  entitled  to  $10 
for  every  conviction  upon  their  testimony,  one-half  to  be  paid  by  the  county,  other 
half  by  the  State;  required  to  report  any  violation  known  to  have  occurred  in  their 
county  to  the  court  of  quarter  sessions  at  each  term.  Police  officers  and  market 
clerks  are  required  to  arrest  persons  having  game  unlawfully  in  possession  and  vend- 
ing same;  members  of  State  police  force  empowered  to  act  as  game  wardens.  Forest 
wardens  vested  with  power  to  arrest,  without  warrant,  persons  violating  game  laws 
on  the  forest  reserves. 

(3)  Game  protection  fund:  All  penalties  recovered  where  protectors  or  deputy 
protectors  prosecute  and  one-half,  less  expense  of  recovery,  where  they  furnish  evi- 
dence, paid  to  secretary  of  board  for  its  use;  in  other  cases,  with  a  few  possible 
exceptions,  informers  are  entitled  to  one-half  the  fines;  other  half  paid  to  State; 
one-half  the  license  fees  paid  into  State  treasury  for  use  of  board,  other  half  into 
county  treasury. 

(4)  Administrative  provisions:  Every  magistrate,  alderman,  and  justice  has 
power  of  summary  conviction  under  the  game  laws;  information  or  complaint  of 
violation  of  law  is  ground  for  issue  of  a  warrant,  directed  to  any  game  warden,  pro- 
tector, constable,  or  police  officer,  commanding  him  to  arrest  offender:  proof  of 
probable  cause  for  believing  that  game  unlawfully  caught,  killed,  possessed,  or 
shipped  has  been  concealed  is  ground  for  issue  of  a  warrant  to  search  any  building 
or  place,  and,  after  demand  and  refusal,  to  break  it  open;  guns  and  shooting  appli- 
ances found  in  place  searched,  if  owner  be  a  nonresident,  to  be  seized  and  held  till 
tine  and  costs  imposed  upon  offender  are  paid,  and  to  be  sold  if  such  fine  and  costs 
be  not  paid  in  twenty  days:  game  seized  by  a  protector  and  that  found  in  possession 
of  a  person  hunting  without  license,  when  such  is  required,  to  be  sent  to  nearest 
hospital;  that  seized  by  constable  or  warden  to  be  disposed  of  as  court  before  whom 


PI  \  \>\  I  \  \  \  I  \       RHOD1      ISLA  N  D.  1  27 

tried  ma\  direct;  interference  with  wardens  and  pi 
of  th*ir  duties  punishable  bj  fine  of  ^M^1;  nonresidents  and  unnaturalized  resident* 
hunting  without  lieei  it  their  guns,  which  are  to  be  held  till  fine  imposed  I* 

paid,  and  wjid  if  line  1k»  not  paid  in  t-  n  da  ent,  proceedf  to  be 

to  pay  tine,  and  residue,  if  any,  to  be  paid  to  owner;  an)  person  may,  without 
Incurring  liability,  kill  dogs  found  pursuing  or  on  the  track  of  deer  01  fawn,  and  any 
officer  may  kill  am  dog  upon  affidavit   made  b)  an\  person  that  it   baa  been 
pursuing  deer  within  a  year;  any  dog  pursuing  game  in  rlose  season  off  land  con- 
trolled by  its  master,   unless  wearing  a  collar  with  name  and  address  of  n 
declared  a  public  nuisance  and  may  be  killed  by  «>\\  ner  or  leasee  of  land  upon  w  hich 
it  is  hunting  or  by  any  game  officer;  proof  of  possession  of  game,  except  in  open  s< 
and  fifteen  days  thereafter,  prima  facie  evidence  of  a  violation  of  law  by  th< 

hi  d1  gun  l>\  nonresident  or  unnaturalized  foreign-born  resident  on 

in  field  without  a  license  prima  facie  evidence  of  violation  of  law;  po 

lion  of  a  ferret  prima  facie  evidence  of  intent  to  use  it  unlawfully;  district  attorneys 

[uired  to  prosecute  where  penalty  exceeds  that  giving  jurisdiction  to  a  justice 

or  alderman;  licensee  required  to  exhibit   his  License  upon  demand  of  any  officer; 

tis  arrestee!  on  Sunday  may  l>e  committed  for  that  clay,  but  must  be  proceeded 
--  »le  on  a  week  day  following;  guns  and  shooting  parapher- 
nalia used  by  any  person  bunting  for  hire  to  be  forfeited;  all  boats,  decoys,  guns, 
an<l  other  de\  ices  used  in  violation  of  law,  unless  tines  and  costs  are  paid,  to  tx 
Baited  to  board  to  be  disposed  of  as  it  directs,  and  board  may  use  in  discharge  of  its 
duties  any  funds  arising  from  such  disposition;  any  citizen  may  prosecute  violators; 
dating  the  game  laws  may  Bign  an  acknowledgment  thereof  and  pay  to 
any  sworn  protector  or  deputy  protector  the  full  tine  and  costs  and  receive  a  full 
satisfaction  and  discharge  from  such  oilier:  costs  of  prosecution  brought  by  Officers 
charged  with  the  enforcement  of  game  laws  to  be  paid  by  county  if  such  prosecu- 
tion fails  through  legal  cause. 

secution  must  be  begun  within  one  year,  "except  where  the  defendant  La 
taken  in  the  act  or  in  a  pursuit  immediately  following,"  when  the  limitation  is  two 
year-. 

RHODE  ISLAND. 

Officers:  Commissioners  of  birds;  commission  established  in  June,  L899;  com- 
i  five  members;  term  three  year-:   no  compensation. 
>•.— To  protect  birds  and  game  and  enforce  laws. 

ti'S. — Appointed  by  commissioners;  term  unlimited;  no  salary:  required  to 
enforce  laws. 

( lommissioners  and  deputies  authorized  to  arrest  without  warrant  persons  pursuing, 
killing,  or  having  in  possession  any  game  or  birds  contrary  to  law,  but  persons  bo 
arrested  not  to  be  detained  longer  than  twelve  hours;  to  seize,  without  warrant,  any 
game  or  l>irds  in  possession  of  any  person  at  am  time  when  killing  of  same  is  pro- 
hibited by  law.     They  are  not  required  to  furnish  security  for  cost-  when  complaint 
de  by  them. 
Fines:   To  be  paid  one-half  to  complainant  and  one-half  to  State. 
Administrative  provisions:  Complaint  on  oath  to  any  magistrate  authorized 
--.e  criminal  warrants  that  law  protecting  game  and  other  birds  has  been  or  is 
a  violated  in  any  place  is  ground  for  issue  of  a  search  warrant  directed  to  any 
officer  competent  to  serve  a  warrant,  but  warrant  not  to  be  executed  after  sunset 
unless  such  course  i-  directed  by  the  magistrate.     Licensees  must  exhibit  license  to 
any  person  demanding  it. 

Prosecution  for  violations  of  chapter  112.  relating  to  game  and  nongame  birds, 
must  be  begun  within  ninety  day-:  in  other  cases  if  complainant  is  entitled  to  any 
part  of  fine  within  one  year;  if  not,  within  two  years. 


128  GAME    COMMISSIONS    AND    WARDENS. 


SOUTH  CAROLINA. 

(1)  Officers:  Audubon  Society  of  South  Carolina,  incorporated  February  19, 1907. 
Objects  and  powers. — To  promote  among  the  citizens  of  the  State  an  appreciation  of 

the  value  of   wild  birds,  animate, and  lish;  to  encourage  parents  and  teachers  to 

instruct  children  on  the  subject:  to  stimulate  public  sentiment  against  the  destruction 
of  wild  animals,  fish,  birds,  and  their  eggs;  to  secure  enactment  and  enforcement  of 
proper  and  necessary  protective  laws;  to  appoint  officers  to  enforce  such  laws,  and  to 
raise  funds  for  carrying  out  objects  of  the  society. 

Treasurer  of  the  society  appointed  by  the  governor;  term,  during  good  behavior; 
required  to  report  annually  to  governor.  Secretary,  who  is  executive  officer,  elected 
by  the  society  annually. 

Bird  and  game  wardens. — Appointed  by  governor  upon  recommendation  of  the 
society;  to  hold  office  during  good  behavior:  bond,  8100;  compensation  fixed  by 
society;  have  powers  of  constables;  required  to  prosecute  persons  or  corporations 
having  game  in  possession  contrary  to  law;  to  see  that  laws  are  enforced,  and  to 
obtain  information  as  to  violations;    must  take  oath  of  office. 

(  imnty  game  wardens,  one  for  each  county,  appointed  by  the  governor;  must  see 
that  game  and  bird  laws  are  enforced  and  report  at  each  term  of  court  of  general 
sessions  all  violations  of  law  and  what  steps  were  taken  to  punish  offenders.  They 
are  exempt  from  road  and  jury  duty. 

Inspectors. — Appointed  by  board  of  county  commissioners  to  enforce  act  for  pro- 
tection of  game,  fish,  and  terrapin  on  public  lands  and  navigable  waters;  compensa- 
tion fixed  by  board,  but  not  to  exceed  10  per  cent  of  hunting  license  fees  and  fines 
for  violation  of  the  act. 

(2)  Game  protection  fund:  Money  derived  from  hunting  licenses,  fines,  and  for- 
feitures under  act  incorporating  Audubon  Society  remitted  to  State  treasurer  to  con- 
stitute a  'Game  protection  fund,'  and  to  be  paid  out  upon  the  order  and  vouchers 
of  the  society. 

(3)  Administrative  provisions:  Bird  and  game  wardens  may  make  affidavit 
before  a  magistrate  that  they  believe  game  and  birds  are  unlawfully  in  possession  of 
a  common  carrier  and  may  receive  a  warrant  to  search,  open,  enter,  and  examine 
cars,  warehouses,  and  receptacles,  and  if  such  game  be  found  to  seize  it;  game  so 
seized  to  be  sold  at  auction  by  the  warden;  nonresidents  and  aliens  must  exhibit 
their  licenses  upon  demand  of  any  warden  or  police  officer;  any  person  may  prose- 
cute offenders  of  the  game  laws;  person  found  in  act  of  violating  law  relating  to 
hunting  on  public  land  and  water  may  be  arrested  at  once  and  all  guns,  boats,  and 
appliances  in  his  possession  and  used  in  the  violation  may  be  seized,  and  upon  his 
conviction  forfeited  to  State,  to  be  sold  and  proceeds  divided  equally  between  State 
and  county;  informers  entitled  to  one-half  the  fine  incases  arising  under  law  pro- 
tecting deer;  reception  by  person  or  corporation  of  game  or  birds  for  shipment  out 
of  the  State  prima  facie  evidence  of  their  killing  for  such  purpose,  and  possession  of 
partridge  or  quail,  sold  or  offered  for  sale,  shipped,  or  exported  prima  facie  evidence 
of  a  violation  of  law  prohibiting  sale  and  export,  and  burden  of  proof  is  upon  pos- 
sessor to  show  that  the  bird  was  imported  from  another  State;  oath  of  one  credible 
witness  sufficient  to  convict  for  illegal  hunting  of  deer;  oath  of  landowner  sufficient 
to  convict  tor  unlawful  hunting  on  his  land. 

SOUTH  DAKOTA. 

(1)  Officers:  Big  game. — Game  wardens,  one  for  each  county  where  big  game 
occurs;  appointed  by  governor  upon  petition  of  ten  citizens  of  such  county;  term,  till 
successor  is  appointed;  bond,  $500;  salary,  $75  per  month,  paid  from  county  game 
fund;  jurisdiction  extends  throughout  State. 


BOUTH   DAKOTA       rEXNESSEE.  L29 

Required  t<>  raperviee  in  person  protection  ol 
take  the  field  daring  September,  October,  November,  and  December;  to  file  infor- 
mation a^r-ii n-t  persona  violating   la*    protecting  big  game  when  be  ^' 
informed  o!  such  violation;  anthoriaed  to  arrest,  without  warrant,  peraom  found  in 
the  act  of  violating  law,  and  at  -aim- time  to  nto  his  custody  any 

big  game  and  I  \  gun  found  in  ponsession  of  mich  person. 

Number  necessary  appointed  by  warden    '  :  ui  iu^-   lr- 

ate  compensation;  must  t;i k *•  oath  of  office  and  report  all  violations  to  warden. 

Wardens  and  deputies  may  make  reasonable  examination  of  any  tent,  wagon,  or 
place  where  hunters  might  conceal  game  or  equipment  when  reasonable  suspicion 
-  that  game  law  i-  1  >« •  i 1 1 ^r  violated. 

§  Fish  wardens  to  be  game  wardens  and  to  enforce  laws  protecting 

small  game;  required  to  arrest  and  prosecute  all  violators;  authorized  to  arrest  with- 
out warrant  persons  they  find  in  act  of  violating  law,  and  required  to  take  such  per- 
son before  competent  court  for  trial  or  give  notice  to  State's  attorney  of  county,  who 
shall  immediately  prosecute  the  case;  authorized  to  seize  ^ame  killed  or  possessed  in 
violation  of  law;  jurisdiction  extends  throughout  State;  each  warden  must  take  oath 
of  office;  compensation,  one-half  tines  recovered  upon  prosecutions  by  them  and 
statutory  fees  in  criminal  Q 

.  —Not  more  than   ten.  appointed   by  warden:  jurisdiction   throughout  the 
county,  with  duties,  powers,  and  compensation  of  warden-. 

Other  officers:  sheriffs,  deputy  sheriffs,  arid  constables  charged  with  duty 
of  enforcing  game  laws  and  given  authority  of  wardens. 

Game  protection  fund:  Pines  or  parts  thereof,  penalties  and  cost-  recovered, 
license  fees,  and  proceeds  of  Bale  of  dogs,  guns,  and  game  to  be  paid  into  county 
treasury  for  use  of  county  commissioners  to  defray  expense-  and  compensation  of 
wardens  in  enforcement  of  game  laws. 

Administrative  provisions:  1V<<j  game. — Justices  of  the  peace  have  juris- 
diction of  all  offenses;  each  act  of  hunting  w  ithout  license  <>r  in  close  season  a  sepa- 
iffense;  possession  of  animals  in  execs-  of  legal  number  prima  facie  evidence  of 
violation  of  law-;  licensee  required  to  exhibit  License  on  demand  by  officer  author- 
ized to  enforce  law;  guns  and  game  seized,  upon  conviction  of  the  owner,  to  be  for- 
feited, and  court  may  adjudge  such  forfeiture  and  order  game  to  be  Bold  at  public 
or  private  sale  and  proceeds  paid  into  county  game  fund. 

v  //  game. — Search  warrant  may  be  issued  to  search  any  place  where  game  is 
concealed  upon  proof  of  probable  cause  for  belief  of  such  concealment,  and  I 
Chests,  and  packages  may  he  broken  open  for  examination:  possession  of  game  pre- 
sumptive evidence  .  >f  violation  «»f  law;  presence  outside  of  town  with  gun  and  dogs 
from  July  1  to  September  1  prima  facie  evidence  of  violation  of  law:  guns,  sporting 
implements,  traps,  and  dogs  used  in  violating  the  law,  apondue  proof  before  any 
competent  court,  to  be  adjudged  forfeited,  the  traps  destroyed,  and  other  articles 
sold  at  public  or  private  sale  and  funds  paid  into  county  game  fund;  game  taken  or 
held  in  violation  of  law  to  be  seized  and  sold  for  benefit  of  county  game  fund:  par- 
ticipant in  violation  of  law  may  testify  against  confederates  without  incriminating: 
himself.  Any  person  making  complaint  and  furnishing  evidence  leading  to  convic- 
tion is  entitled  to  one-half  the  fine. 

Prosecution  for  violations  of  laws  relating  to  small  game  must  be  begun  within  one 
year;  for  violation  of  those  relating  to  big  game,  within  three  year-. 

TENNESSEE. 

(1)  Officers:  State  warden  of  game,  fish,  and  forestry;  office  established  April  11, 
1903;  reorganized  as  a  department  of  the  State  government  April  15,  1905;  term,  eight 
years;  bond,  $500;  no  salary,  but  entitled  to  all  ivi->  for  hunting  licenses  issued  by 

him;  may  appoint  a  secretary. 


130  GAME    COMMISSIONS    AND    WARDENS. 

Duties  and  powers.  —  Required  to  report  to  general  assembly  each  session;  to  issue 
hunting  licenses;  may  remove  any  warden  at  will  and  appoint  his  successor:  has 
same  powers  for  enforcement  of  the  law  as  the  subordinate  wardens. 

Special  wardens. — Number  considered  necessary  by  State  warden,  appointed  by  him 
with  jurisdiction  throughout  State;  bond,  $500. 

Count;/  wardens. — One  for  each  county,  appointed  by  State  warden;  bond,  S500. 

Deputy  county  wardens. — Number  in  each  county  deemed  necessary  by  county 
warden  and  appointed  by  him;  bond,  $250. 

All  wardens  must  take  oath  of  office;  hold  office  one  year;  are  allowed  one-half  of 
all  fines,  penalties,  and  forfeitures  collected  in  actions  where  they  make  the  arrest 
or  secure  the  conviction;  are  peace  officers  vested  with  the  powers  of  sheriffs  and 
an-  required  to  enforce  game,  nongamebird,  fish,  and  forestry  laws,  and  serve  process; 
authorized  to  arrest,  without  warrant,  and  take  offender  before  a  justice  of  the  peace 
or  criminal  court  having  jurisdiction  and  prosecute  him;  to  seize  and  confiscate 
game  taken  or  held  contrary  to  law;  to  search,  with  warrant,  box,  barrel,  wagon, 
car,  cold-storage  house,  or  other  receptacle  for  contraband  game. 

(3)  Game  protection  fund:  License  fees  and  one-half  fines,  penalties,  and  forfeit- 
ures under  game  laws  are  paid  to  State  warden  for  use  in  enforcing  the  game  laws. 

(4)  Administrative  provisions:  Upon  the  sworn  statement  of  any  person  that 
game  law  has  been  violated,  any  justice  of  the  peace  having  jurisdiction  shall  issue 
his  warrant  directed  to  any  officer  or  warden  commanding  him  to  arrest  offender 
and  hold  him  for  trial;  nonresident  having  game  in  possession  for  export  shall  pre- 
sent his  license  and  sworn  statement  to  any  officer  demanding  it;  grand  juries  of 
circuit  and  criminal  courts  have  inquisitorial  power  over  violations  of  nongame  bird 
laws  and  upon  probable  cause  shall  make  presentment  without  prosecutor;  judges 
of  criminal  courts  required  to  give  nongame  bird  act  in  charge  to  grand  jury  at  each 
term;  prosecutions  and  actions  for  penalties  can  be  brought  only  on  order  of  State 
warden  or  one  of  his  deputies,  and  he  may  compromise  or  discontinue  any  action 
where  violation  is  technical  or  where  further  prosecution  would  be  oppressive;  par- 
ticipants in  offenses  compelled  to  testify,  but  exempted  from  prosecution  thereafter; 
State  warden  may  go  to  any  part  of  the  State  when  informed  of  a  violation  of  law 
and  summon  witnesses  for  purpose  of  ascertaining  the  truth  of  the  charge  in  order 
to  prevent  useless  and  frivolous  prosecutions;  anyone  summoned  must  attend  and 
testify:  resistance  to  or  interference  with  a  warden  in  discharge  of  his  duties  is  a 
a  crime;  violation  as  to  each  animal  or  bird  is  a  separate  offense;  licensees  must 
exhibit  their  licenses  to  any  warden  or  owner  of  land  upon  their  request. 

Prosecution  must  be  begun  within  twelve  months. 

TEXAS. 

(1)  Officers:  Game,  fish,  and  oyster  commissioner;  office  of  fish  and  oyster 
commissioner  established  April  26,  1895;  title  changed  and  duties  extended  to  game 
July  1,  1907;  term,  two  years;  bond,  810,000;  salary,  82,500  per  annum,  8700  of 
which  is  payable  from  game  fund;  allowed  8600  per  annum  for  necessary  expenses. 

Duties  and  powers. — To  enforce  game  and  bird  laws  and  bring  necessary  actions  for 
that  purpose;  to  seize,  without  warrant,  game  or  birds  caught,  taken,  killed,  possessed, 
or  shipped  contrary  to  law;  to  make  regulations  for  export  by  licensees  of  game  law- 
fully killed  by  them;  may  make  complaints  for  violation  of  the  law  without  sanction 
of  prosecuting  attorney,  and  shall  not  be  required  to  furnish  security  for  cost>;  has 
powers  of  a  sheriff  for  service  of  criminal  process  and  requiring  aid  in  such  service: 
may  arrest,  without  warrant,  persons  found  in  act  of  committing  an  offense;  must 
make  monthly  report  to  secretary  of  State;  issues  hunting  licenses. 

Chief  deputy  game,  fish,  and  oyster  co)nnnssioner. — Appointed  by  the  commissioner 
to  a-sist  him  and  exercise  his  powers  when  he  is  absent  or  incapacitated;  salary, 


i  i  \  18      \  i  i:m-'\  i  .  I  ."'1 

l  per  annum  ami  n<  Kjiense*,  paid  from  game  protection  fund;  bond, 

0;  muni  take  oath  of  offii 
Dundy  game^  fi*h,  and  oyster  comnu  Appointed  by  commissioner;  com  pen 

aation  |3  a  day  and  netvssan  expense*  \\  Idle  actually  employed;   bave  same  p 
>mmissi<  >ner. 
GtuiH'  protection  fund:  Hunting  License feea constitute  fund  li  isury 

lor  payment  of  |700  o!  Balary  of  commiaaioner  and  salaries  and  expensef  of  his 
depul 

i    Administrative  provisions:  Seized  game  uiu-t  be  disposed  of  as  court  may 
direct;  agents  and  employees  of  carriers  and  express  companies  are  empo? 
by  the  game  law  to  examine  any  package  delivered  to  them  for  transportation  to 
tain  whether  it  contains  game;  each  illegal  shipment  of  game  a  separate  offense; 
possession  of  uaiiic  in  close  season  is  prima  fade  evidence  of  a  violation  of  law. 
Prosecution  must  be  begun  within  two  years. 

UTAH. 

Officers:  state  fish  and  game  commissioner;  office  established  in  1899;  term 
two  years;  bond  $5,000;  Balary  $1*200  per  annum;  contingent  and  traveling  expenses 

per  annum;  must  take  constitutional  oath  of  office. 
Duties  a  \d  powers.— Required  to  supervise  protection  and  distribution  of  game  and 

tish:   issue  license-,  and  to   report  to  the   legislature  each   session;  authorized  to  take 

game  and  fish  for  purposes  of  propagation,  cultivation,  distribution,  and  scientific 
investigation. 

(  nief  state  fish  and  gams  wardens. — <  me  for  each  county,  appointed  by  commissioner 
with  approval  of  county  commissioners;  term  two  year.-:  bond  $1,000;  Balary  fixed 
by  '_r"\  ernor,  but  not  to  exceed  $600  per  annum:  required  to  report  in  detail  annually 
t<»  commissioner. 

Commissioner  and  chief  wardens  required  to  Bee  that  name  laws  are  enforced; 
vested  with  powers  and  authority  of  sheriffs  and  constables;  required  to  seize  game 
taken,  held.  or  transported  contrary  to  law;  to  arrest  with  or  without  warrant  any 
i  they  have  reason  to  believe  guilty  of  a  violation  of  law,  and  if  without  war- 
rant, to  hold  him  till  one  can  be  obtained;  to  search,  with  or  without  warrant,  any 
bar,  stage,  pack,  warehouse,  store,  outhouse,  box,  barrel,  and  package  where  they 
have  reason  to  believe  game  taken  or  held  contrary  to  law  is  to  be  found  and  to  seize 
such  game,  if  without  warrant,  to  procure  one  soon  as  possible  afterwards. 

(2)  Other  officers:  Sheriffs  and  constables  required  to  enforce  game  laws  in  like 
manner  and  with  same  authority  and  powers  as  warden-. 

(3)  Game  protection  fund:  All  hunting  license  fees  and  proceeds  from  sale  of 
confiscated  game  are  paid  into  state  treasury  to  credit  of  the  li>h  and  game  fund. 

\    Administrative  provisions:  Any  person  giving  information  leading  to  con- 
viction entitled  to  one-half  the  fine;  game  taken  or  held  unlawfully  or  shipped  or 
consigned  for  shipment  out  of  State  to  be  seized  and  sold:  possession  of  any  part  of 
ie  in  close  season  prima  facie  evidence  of  illegal  taking,  killing,  or  possession. 
Prosecution  must  be  begun  within  two  year-,  when  offense  is  triable  by  justice  of 
the  peace  or  police  court;  otherwise  within  three  years. 

VERMONT. 

(1)  Officers:  State  tish  and  game  commissioner  ( from  1892  to  1  ■*< >4  a  fish  and  game 
commission  ;  present  office  established  December  7,  1904;  term  two  years;  Balary, 
|l,000  per  annum;  allowance  for  actual  necessary  expenses  while  absent  from  home 
on  official  business,  for  a  clerk  at  $365  per  annum  and  for  necessary  printing,  postage, 

stationery,  and  blanks. 

Duties. — To  enforce  the  game  and  fish  laws:  to  prosecute  violations  of  the  law  and 
to  issue  deer  licenses. 

435S— No.  2S— 07 10 


132  GAME    COMMISSIONS    AND    WARDENS. 

County  fish  and  game  wardens. — One,  and  not  to  exceed  two,  for  each  county, 
appointed  by  State  commissioner;  term  one  year;  compensation,  $2  per  day  and 
actual  expenses  while  officially  employed;  may  arrest  on  sight  anywhere  in  the  State 
persons  found  violating  game  law  and  retain  them  at  expense  of  State  until  prosecu- 
tion can  be  instituted,  notice  of  such  arrest  to  be  given  immediately  to  grand  juror  of 
town  or  State's  attorney  of  county  where  offense  was  committed;  may  investigate 
violations  anywhere  in  State. 

/'  puty  county  fish  and  game  wardens. — As  many  as  commissioner  deems  necessary, 
appointed  by  him;  compensation.  $1.50  per  day  and  actual  expenses  while  officially 
employed;  same  powers  as  county  wardens. 

(2)  Other  officers:  Town  grand  jurors  and  State's  attorneys  required  to  prosecute 
all  violations  of  game  laws. 

(3)  Garne  protection  fund:  Fixed  annual  appropriation  for  care,  protection,  and 
preservation  of  game  and  fish,  $5,500;  all  hunting  license  receipts  and  lines  imposed 
under  fish  and  game  laws. 

(4)  Administrative  provisions:  Upon  arrest  and  detention  by  a  game  warden 
of  a  person  violating  law  and  notice  by  snch  warden  to  town  grand  juror  or  State's 
attorney,  such  officer  is  required  to  file  complaint  against  and  prosecute  offender 
forthwith;  a  justice  may  issue  warrant  to  search,  in  daytime,  a  dwelling  house  or 
other  place  for  game  taken  contrary  to  law  or  implements  used  for  taking  game; 
justices  have  jurisdiction  of  offenses  up  to  $20;  protected  game,  when  snared,  to  be 
seized  and  forfeited  to  prosecutor;  presence  on  public  waters  after  sundown  with 
firearm  and  torch  presumptive  evidence  of  a  violation  of  law  prohibiting  shooting 
ducks  by  aid  of  torches;  finding  any  dog  of  a  kind  commonly  used  to  hunt  deer, 
moose,  or  caribou  hunting  such  animals  in  the  forests  prima  facie  evidence  that  the 
owner  permitted  such  dog  to  hunt  in  violation  of  law;  delivery  to  or  reception  by 
any  person  or  corporation  of  game  birds  for  shipment  out  of  the  State  presumptive 
evidence  that  such  birds  were  killed  for  a  purpose  other  than  consumption  as  food 
within  State;  possession  by  transportation  company  of  game  which  has  been  taken 
in  State  in  close  season  presumptive  evidence  that  such  game  was  taken  in  State 
unlawfully;  possession  of  deer  in  close  season,  and  of  moose  or  caribou  at  any  time, 
presumptive  evidence  of  unlawful  killing. 

Prosecution  must  be  begun  within  three  years. 

VIRGINIA. 

(1)  Officers:  Two  city  game  wardens  in  each  city;  appointed  by  city  or  corpora- 
tion court  upon  application  of  five  resident  freeholders. 

Magisterial  district  wardens. — One  for  each  district,  appointed  by  circuit  judge  upon 
application  of  five  resident  freeholders  and  board  of  supervisors,  except  in  Accomac 
and  Northampton  counties,  where  they  are  appointed  on  recommendation  of  Eastern 
Shore  Game  Protective  Association. 

"Wardens  hold  office  four  years;  required  to  enforce  all  laws  of  State  or  United 
States  for  protection  of  birds  and  game;  to  arrest,  with  warrant,  any  person  violating 
the  law,  and,  without  warrant,  persons  found  in  the  act  of  committing  such  viola- 
tions. Compensation  consists  of  fee  of  $2.50  assessed  in  every  conviction,  to  be  paid 
warden  securing  conviction,  and  fees  from  funds  derived  from  nonresident  licensed 
Refusal  or  neglect  of  wardens  to  prosecute  violations  subjects  them  to  removal  from 
office  and  to  penalties  for  a  misdemeanor. 

(2)  Other  officers:  Commanders  of  oyster  police  boats  are  constituted  game  war- 
dens in  their  jurisdiction. 

(3)  Game  protection  fund:  License  fees  divided  equally  among  wardens  of  the 
county,  but  no  warden  to  receive  more  than  $300  per  annum. 

(4)  Administrative  provisions:  Sneak  boats,  nets,  traps,  reflectors,  and  other 
unlawful  appliances  to  be  seized  by  any  officer  and  held  as  evidence;  if  found  to 


viKt.i  M  \       WASHINGTON.  1  88 

been  used  unlawfully,  to  be  destroyed  on  order  of  court;   poejeaion  oi 
appliances  prima  facie  evidence  "t'  guilt;  affidavit  of  concealmi  me  killed, 

taken,  caught,  shipped,  or  about  n>  I"-  shipped  in  \  iolation  of  law  ground 
rant  to  search  an}  place,  and  after  demand  and  refusal  officer  mas  <  uter  and  i 
in«-  an >  car,  building,  inclosure,  or  apartment  for  Buch  game,  and  on  finding  it  t'> 
ihI  to  be  disposed  of  aa  court  may  direct;  all  guns  and  hunting 
appliances  found  in  such  search  to  be  seised  and  held  subject  to  pa}  ment  of  fine  and 
appliance*  found  in  such  search,  not  authorised  b)  law,  to  be  destroyed  on 
order  of  court,  others  to  be  sold  at  auction  twenty  days  after  seizure  unless  owner 
pays  fine  or  is  acquitted;  Interference  with  game  warden  in  discharge  of  his  duties 
or  resistance  to  lawful  arrest  s  misdemeanor;  persons  hunting  upon  lands  of  another 
in  Alexandria,  Fairfax,  Prince  William,  Stafford,  and  King  George  counties,  without 
written  permission,  to  forfeit  $3  to  informer  for  first  offense,  $6  for  second,  and  99 
lor  each  subsequent  offense,  and  in  addition  to  forfeil  boats  and  other  means  of  con- 
veyance, guns,  dogs,  and  hunting  apparatus;   persona  so  hunting  may  be  am 
without  warrant  by  any  warden,  sheriff,  or  constable,  and  the  property  forfeited 
may  be  seized  and  held  to  await  determination  oi  case;  persona  convicted  a  third 
lime  for  violation  of  law  required  to  give  recognizance  for  good  behavior  for  one 
year;  possession  of  game  in  close  season  prima  facie  evidence  of  guilt  of  person  in 
whose  i"  •— — *  —  i*  »ii  it  is  found. 
Prosecution  must  be  begun  within  one  year. 

WASHINGTON. 

Officers:  state  fish  commissioner  is  ex  officio  State  game  warden;  office  es- 
tablished in  1899;  term,  four  years;  bond,  $6,000;  salary,  $2,000  per  annum  and 
actual  traveling  expenses  not  to  exceed  $1,000  a  year. 

Duties  and  powers.— Has  general  supervision  over  enforcement  and  execution  of 
all  laws  for  protection  of  game  and  birds  and  full  control  and  supervision  overall 
county  game  wardens;  vested  with  authority  and  powers  of  a  peace  officer;  has 
authority  to  apply  to  attorney-general  for  official  opinion  of  construction  and  inter- 
pretation of  game  laws;  must  report  on  December  1  to  governor. 

Chief  deputy. — Appointed  by  State  warden  to  serve  during  his  pleasure;  salary, 
|l,500per  annum  and  actual  traveling  expenses  not  to  exceed  $750  a  year.  Required 
t«>  enforce  all  laws  for  protection  of  game  and  birds  and  prosecute  violations  thereof; 
has  direction  and  supervision  of  all  county  and  special  deputy  game  wardens. 

County  game  wardens. — One  for  each  county,  appointed  by  county  commissioners; 
salary,  'per  month;  vested  with  all   the  powers  and  authority  of  a  sheriff; 

an-  ex  officio  deputy  State  wardens  and  have  same  powers  as  chief  deputy;  must 
take  oath  of  office;  may  be  removed  by  county  commissioners  for  neglect  or  non- 
performance of  duty. 

Special  game  wardens. — Appointed  by  county  warden;  receive  no  salary;  vested 
With  powers  of  other  game  wardens. 

All  wardens  have  authority  to  inspect  places  where  game  is  held  for  storage  or 
shipment  when  they  believe  evidence  of  a  violation  of  law  is  to  be  found,  and  if 
such  be  found  they  are  required  at  once  to  institute  proceedings  for  punishment  of 
Offenders;  may  arrest  without  warrant  any  person  found  by  them  vi  ilating  laws  and 
lake  such  person  before  a  justice  of  the  peace  or  municipal  judge  having  jurisdiction 
for  trial;  such  action  to  be  prosecuted  by  prosecuting  attorney  of  county. 

-  Other  officers:  Sheriffs,  deputy  sheriffs,  constables,  city  marshal-,  police 
officers,  and  forest  rangers  of  the  United  States  Government  are  ex  officio  game 
wardens  and  are  required  to  enforce  game  laws;  have  same  authority  as  warden-. 

(3)  Game  protection  fund:  Fees  from  licenses  issued  by  State  auditor  are  paid 
into  State  treasury  to  credit  of  State  game  fund  and  those  from  licenses  issued  by 


134  GAME    COMMISSIONS    AND    WARDENS. 

county  auditor  into  county  treasury  to  credit  of  county  game  fund;  fines  in  certain 
cases  are  paid  into  county  treasury  for  game  fund. 

(4)  Administrative  provisions;  Evidence:  Possession  of  game,  except  ducks, 
geese,  brant,  and  snipe  to  the  number  permitted  to  be  taken  in  November  presump- 
tive evidence  of  illegal  taking. 

Prosecution  must  be  begun  within  one  year. 

WEST  VIRGINIA. 

(1)  Officers:  (iame  and  fish  warden;  office  established  May  18,  1897;  term,  four 
years;  salary,  $1,000  per  annum  and  allowance  for  mileage. 

] hit i<s  and  poiuers. —  Required  to  enforce  game  and  fish  laws;  to  bring  or  cause  to 
be  brought  actions  and  proceedings  for  violation  of  laws;  authorized  to  prosecute  in 
same  manner  as  prosecuting  attorney,  without  his  sanction,  and  with  same  authority; 
to  issue  licenses;  required  to  file  in  the  office  of  the  Secretary  of  State  in  December 
of  each  year  a  report  to  be  transmitted  to  legislature  at  every  session. 

Deputy  wardens. — Appointed  by  State  warden,  to  hold  office  during  his  pleasure; 
to  receive  the  fines  when  recovered  on  prosecutions  brought  by  them;  sheriffs,  deputy 
sheriffs,  or  assessors  may  be  appointed  deputy  game  wardens  with  same  authority  as 
State  warden  in  prosecutions. 

All  wardens  are  required  to  enforce  game  laws  and  vested  writh  authority  to  search 
any  person  and  examine  any  boat,  conveyance,  car,  vehicle,  fish  box  or  basket,  game 
bag  or  coat,  or  other  receptacle  for  evidence  of  violation  of  law,  and  interference  with 
such  search  is  a  misdemeanor;  authorized  to  seize,  without  warrant,  game  unlawfully 
taken,  shipped,  or  possessed,  and  to  arrest,  without  warrant,  persons  found  violating 
the  laws;  have  powers  of  sheriffs  to  serve  criminal  process,  and  to  require  aid  in 
executing  it,  and  authority  to  employ  an  attorney  to  conduct  prosecutions  in  case  of 
refusal  on  part  of  prosecuting  attorney. 

(2)  Other  officers:  Clerks  and  market  masters  required  to  arrest  persons  unlaw- 
fully in  possession  of  or  selling  game;  sheriffs,  deputy  sheriffs,  constables,  and  chiefs 
of  police  required  to  prosecute  violations  and  deemed  guilty  of  an  offense  if  they  fail 
to  do  so. 

I  4  |  Administrative  provisions:  Proof  or  probable  cause  for  believing  that  game 
unlawfully  taken  has  been  concealed  is  ground  for  issue  of  a  search  warrant  to  search 
any  building,  inclosure,  or  car,  to  break  open  any  compartment,  chest,  bar,  locker, 
crate,  basket,  or  package  and  examine  contents;  interference  or  attempt  at  inter- 
ference with  such  examination  prima  facie  evidence  of  violation  of  law;  seized 
game  to  be  disposed  of  as  court  may  direct;  arrests  may  be  made  on  Sunday;  every 
person  called  as  a  witness  is  required  to  testify,  but  his  testimony  can  not  be  used 
against  him  in  any  prosecution  for  such  offense,  and  no  person  against  whom  such 
witness  has  testified  shall  be  allowed  to  appear  as  a  witness  against  him  in  any  pros- 
ecution for  same  offense  or  one  of  like  nature  committed  before  prosecution  in  which 
he  appears  as  a  witness;  possession  of  game  in  close  season  prima  facie  evidence  of 
illegal  killing;  reception  of  deer,  turkey,  quail,  and  ruffed  grouse  for  shipment  out 
of  State  prima  facie  evidence  of  killing  in  State  for  such  purpose;  fee  of  $10  taxed  as 
costs  in  every  conviction  to  be  paid  to  prosecuting  attorney  of  county  or  attorney 
selected  by  warden  to  conduct  prosecution;  license  fees  and  proceeds  of  sale  of  seized 
game  to  be  turned  into  State  treasury  to  credit  of  general  fund;  licensees  must  pro- 
duce their  license  when  required  by  prosecuting  attorney,  sheriff,  justice  of  the  peace, 
assessor,  constable,  any  warden,  or  owner  of  land  upon  which  they  are  hunting  at 
time,  and  failure  to  do  so  is  a  misdemeanor. 

Prosecution  must  be  begun  within  one  year. 


WISCONSIN,  186 

WISCONSIN. 

i     Officers:  State  fish  and  game  warden;  « «ii  \«  «>  established  Ma)  ■'>.  1891;  term, 
tw,.  >.  ary,  $1,800  per  annum  an. I  allowance  for  actual  expense-. 

Dutict  i"  Becure  enforcemenl  of  game  laws  and  bring  or  cause  to  be  brought 
actions  and  proceedings  to  recover  penalties  or  fines  for  violation  thereof;  to  devote 

utire  time  to  duties  <>t'  liis  .-dice;  to  report  the  transactions  "t'  his  department  to 
the  governor  in  December  of  each  year. 

Special  deputy  wardens.  Two  for  each  Congressional  district,  and  as  many 
additional  deputies  as  are  necessary,  may  be  appointed  by  State  warden,  with 
approval  of  governor;  receive  actual  expenses  and  a  per  diem  payable  from  game 
fund  only,  fixed  by  warden,  with  approval  of  governor,  for  Buch  time  as  tiny  actu- 
ally serve  under  direction  of  State  warden;  miiM  carryan  identification  card  issued 
by  State  warden. 

nty  wardens.  Number  determined  by  county  board  of  each  county,  selected  by 
a  board  of  appointment,  and  appointed  by  State  warden;  compensation  t<>  be  fixed 
by  appointing  board  and  paid  out  of  county  treasury  like  those  of  other  county 
officers. 

Selection  of  deputy  wardens  is  made  from  those  qualified  by  competitive  civil- 
sen  ice  examination. 

Warden  and  deputies  have  authority  of  constables  to  execute  and  serve  all  war- 
rants and  processes  issued  by  any  court  having  jurisdiction  of  offenses  under  game 
law  -;  1-  arrest,  without  warrant,  any  person  detected  in  act  of  violating  any  game  law 
and  to  take  such  person  before  proper  court  and  make  complaint  against  him;  upon 
receiving  information  of  violation  must  cause  thorough  examination  and  institute 
proceedings  if  warranted  by  evidence;  may  seize  and  confiscate  game  illegally  cap- 
tured, possessed,  or  shipped,  and  sell  same  and  pay  proceeds,  less  expenses,  into 
treasury  to  credit  of  hunting  license  fund;  authorized  to  examine  at  anytime 
record  of  licenses  issued  by  county  clerks;  to  examine  and  open  any  package  in 
—ion  of  a  transportation  company  suspected  to  contain  game  or  to  he  falsely 
labeled;  exempt  from  liability  in  performance  of  their  legal  duties. 

(2)  Other  officers:  Sheriffs,  deputy  sheriffs,  coroners,  and  police  officers  are  ex 
officio  deputy  fish  ami  game  wardens  and  are  required  to  assist  State  and  deputy 
wardens  in  enforcement  of  game  law-;  game  officers  of  other  States  are  declared 
agents  of  those  States  in  Wisconsin  and  are  authorized  to  follow  game  unlawfully 
■hipped  from  their  States  into  Wisconsin,  seize  same,  and  take  it  hack  into  their 
State  or  dispose  of  it  in  Wisconsin  according  to  laws  of  their  State,  such  disposition 
to  I  <■  made  under  supervision  of  an  officer  of  Wisconsin;  officers  ^i  other  States  are 
designated  agents  of  Wisconsin  for  taking  possession  of,  holding,  and  disposing  of 
game.  Attorney-general  and  his  assistants  required  to  advise  State  warden  as  to  his 
duties,  ass ist  him  in  enforcement  of  law,  and  in  prosecution  of  cases  when  warden 
deems  it  necessary;  district  attorneys  required  to  prosecute  actions  for  violation 
<>f  game  laws  when  wardens  make  complaint,  if  magistrate  deem  their  presence 
necessary. 

Game  protection  fund:  Vev^  from  hunting  licenses,  permits  to  collect  for 
Scientific  purposes,  and  proceeds  from  sale  of  confiscated  game  (if  -ale  not  prohib- 
ited) and  devices  constitute  a  'hunting  license  fund'  in  the  State  treasury  for  the 
payment  of  salaries  and  expenses  of  State  and  deputy  game  wardens;  one-third  of 
fines  for  violation  of  game  laws  retained  by  county  treasurer  as  a  fund  to  reimburse 
county  for  expenses  in  enforcement  of  game  laws. 

(4)  Administrative  provisions:  Apparatus  or  device  not  designated  a  public 
nuisance  may  he  seized  by  warden  and,  after  finding  of  illegal  use,  may  he  destroyed 
or  sold  as  directed  by  court;  those  designated  public  nuisance  shall,  upon  a  finding 
of  such  unlawful  use,  be  immediately  destroyed;  affidavit  before  a  magistrate  author- 


186  GAME    COMMISSIONS    AND    WARDENS. 

ized  to  issue  criminal  process  that  affiant  has  reason  to  believe  game  captured  or 
possessed  contrary  to  law  has  been  concealed,  is  ground  for  issue  of  a  warrant  com- 
manding officer  to  whom  directed  to  search  premises  designated,  seize  the  game  if 
found,  and  bring  it  before  court  issuing  warrant  to  be  used  as  evidence. 
Prosecution  must  be  begun  within  three  years. 

WYOMING. 

(1)  Officers:  State  game  warden,  office  established  February  15,  1899;  term,  four 
years;  bond,  $3,000;  salary,  $1,500  per  annum  and  $200  per  annum  for  contingent 
expenses,  paid  from  general  State  fund. 

Duties  and  powers. — Required  to  protect  game  and  enforce  laws  relating  thereto;  to 
be  an  active  executive  officer  and  take  field  in  performance  of  his  duties;  to  report 
annually  to  governor;  authorized  to  arrest,  without  warrant,  persons  found  violating 
law  or  with  game  in  possession  in  violation  of  law,  and  may  employ  an  attorney 
when  necessary,  to  be  paid  from  game  fund. 

Assistant  game  wardens.  —Three  in  number  in  different  parts  of  State,  appointed 
by  warden;  bond,  $1,000;  salary,  $900  per  annum,  paid  from  game  fund. 

Special  assistant  game  wardens. — One  or  more  in  each  county  as  necessity  requires, 
appointed  by  warden;  bond,  $500;  compensation,  $3  per  day  while  actually  employed, 
payable  from  game  fund. 

County  game  and  fish  wardens. — One  for  each  county,  appointed  by  board  of  county 
commissioners;  compensation  fixed  and  paid  by  commissioners  out  of  county  funds, 
not  to  exceed  $3  per  day  while  actually  employed. 

Assistants. — Number  necessary  in  each  county  appointed  by  warden.  All  officers 
authorized  to  enforce  game  laws  may  arrest,  without  process,  violators  detected  in 
the  act;  search  any  camp,  wagon,  and  pack  at  any  time;  may  seize  game  and  fish 
unlawfully  possessed,  and  when  resistance  is  made  to  arrest,  call  upon  any  peace 
officer  or  citizen  of  State  to  assist  in  effecting  arrest. 

(2)  Other  officers:  State  and  Federal  forest  rangers  may  be  appointed  special 
assistant  game  wardens;  sheriffs,  deputy  sheriffs,  and  constables  required,  under  pen- 
alty for  omission,  to  arrest  and  prosecute  violators;  guides  are  ex  officio  assistant 
game  wardens  and  are  required,  under  penalty  for  omission,  to  report  violations  by 
one  employing  them;  allowed  $3  a  day  for  time  consumed  in  arresting  and  securing 
conviction,  payable  from  State  game  fund. 

(3)  Game  protection  fund:  Biennial  appropriation  and  proceeds  from  confis- 
cated game. 

(4)  Administrative  provisions:  Possession  of  game  in  close  season  prima  facie 
evidence  of  violation  of  law;  licensee  required  to  produce  license  on  demand  of  offi- 
cer; each  act  of  hunting  without  license  constitutes  a  separate  offense;  license  fees 
paid  into  general  fund,  and  fines  into  general  school  fund.  State  game  warden  may 
pay  reward  of  $300  for  evidence  leading  to  conviction  for  the  crime  of  capturing, 
destroying,  or  mutilating  game  animals  for  their  heads,  antlers,  horns,  or  tusks. 


PART  III.     EXTRACTS   FROM  LAWS  WITH  SPECIAL  REFERENCE 

TO  ENFORCEMENT. 

The  third  pan  of  this  bulletin  contains  extracts  relating  to  the 
enforcement  <»t'  the  game  laws  of  all  the  States  and  Territories.  These 
extracts  have  been  carefully  compared  with  the  original  statutes  and 
have  been  brought  down  to  date  by  inclusion  of  the  amendments  of 
L907a.  By  the  use  of  side  heads  in  black-faced  type  the  general  con 
tents  <>t'  each  section  have  been  indicated  so  as  t<>  facilitate  ready 
reference  to  any  particular  topic.  The  statutes  are  arranged  chrono- 
logically and  the  sections  in  regular  order  except  in  Alabama,  Illinois, 
Maine,  and  three  or  four  other  States  in  which  the  provisions  relating 
to  State  officers  are  given  first.  Provisions  not  closely  connected 
with  the  subject-matter  of  enforcement  or  immaterial  to  it.  and  such 
a-  relate  solely  to  fish  or  their  propagation,  have  been  omitted.  Suc\\ 
omission  is  indicated  by  three  stars  (  *  *  *  ).  Amendments  to  the 
original  acts  are  plainly  indicated,  usually  at  the  beginning  of  each 
section,  and  in  several  instances  the  text  has  been  annotated  by  refer- 
ences t«»  decisions  of  the  courts  involving  the  provision  in  question. 
Statements  in  the  first  part  of  the  bulletin  can.  in  most  cases,  1)0 
readily  verified  on  referring  to  the  proper  paragraph  under  the  corre- 
sponding State  in  Part  1 II. 

In  selecting  the  matter  here  presented  the  three  main  objects  in  view 
have  been  ( 1 )  to  furnish  a  convenient  compilation  for  the  use  of  those 
who  do  not  have  access  to  the  statutes  or  who  encounter  difficulty  in 
finding  a  particular  provision  in  the  mass  of  other  matter  usually  con- 
tained in  the  laws,  (2)  to  place  at  the  >er\  ice  of  wardens  and  others 
actively  engaged  in  enforcement  of  the  laws  the  provisions  under 
which  they  may  act,  and  (3)  to  bring  together  in  compact  and  con- 
venient form  the  provisions  of  the  statutes  of  each  State  which  have 
been  found  effective  in  order  that  persons  interested  in  new  game 
legislation  may  know  the  provisions  in  operation  in  other  States. 

ALABAMA 

Laws  of  1907,  No.  18,  p.  12. 

State  game  and  fish  commissioner,  election,  salary  :  Sec.  17.  That  the  mem- 
bers of  the  .-mate  and  house  ol  representatives  of  this  state  shall  meet  in  joint 
-   38      i  as  soon  as  practicable  after  the  approval  of  this  act.  and  in  such  joint  B 


Except  those  of  <  reorgia,  Michigan,  Nebraska,  and  Nevada,  which   have  not  yet 
been  received. 

137 


138  GAME    COMMISSIONS    AND    WARDENS. 

shall  duly  proceed  to  elect  some  person  skilled  in  matters  relating  to  game  or  fish, 
State  Game  and  Fish  Commissioner,  said  person  shall  be  known  as  a  State  Game 
and  Fish  Commissioner  of  the  State  of  Alabama,  and  shall  hold  his  office  until  the 
first  Monday  after  the  second  Tuesday  in  January,  1909,  or  until  his  successor  in 
office  is  duly  elected  and  qualified.  The  successor  to  the  State  Game  and  Fish  Com- 
missioner shall  be  elected  by  the  qualified  electors  of  the  State  at  the  general  election 
in  1908  and  every  four  years  thereafter.  The  Department  of  Game  and  Fish  of  the 
State  of  Alabama,  is  hereby  established  and  created,  and  shall  be  known  and  termed 
as  smh.  The  State  Game  and  Fish  Commissioner  shall  receive  a  salary  of  82,500.00 
(twenty-five  hundred  dollars)  per  annum,  payable  monthly  out  of  the  game  and 
fish  protection  fund,  in  the  same  manner  as  other  State  officers  are  paid,  but  the 
said  State  Fish  and  Game  Commissioner  shall  not  be  allowed  any  reimbursement 
for  his  expenses  in  travelling  over  the  State  in  the  discharge  of  the  duties  of 
his  office. 

!  Accounts  of  commissioner,  report :  Sec.  18.  The  State  Game  and  Fish  Com- 
missioner shall  be  provided  with  a  suitable  office  in  the  State  capitol,  and  is  hereby 
authorized  upon  the  approval  of  the  governor  to  employ  a  clerk  when  necessary. 
At  the  end  of  each  calendar  month  said  game  and  fish  commissioner  shall  file  writh 
the  governor  an  itemized  statement,  under  oath,  of  all  sums  of  money  received  or 
expended  by  him  in  the  discharge  of  his  official  duty,  including  clerical  services, 
salaries,  and  expenses  of  deputies  while  traveling  under  special  orders  as  hereinafter 
provided,  postage,  stationery,  and  other  necessary  incidental  expenses.  Upon  the 
approval  of  such  accounts  by  the  governor,  the  State  auditor  shall  draw  his  warrant 
for  such  amount  which  shall  be  paid  monthly  out  of  the  game  and  fish  protection 
fund  and  the  clerk  authorized  by  this  act,  shall  receive  two  dollars  per  day  while 
engaged  in  such  service.  The  office  and  accounts  of  the  State  Game  and  Fish  Com- 
missioner shall  be  audited  by  direction  of  the  governor  in  the  same  manner  as  the 
office  and  account  of  any  other  State  office  are  audited. 

Bond,  oath:  Sec.  19.  [Bond  of  State  Game  and  Fish  Commissioner,  $5,000;  he  is 
required  to  take  the  constitutional  oath  of  office.] 

Report:  Sec.  20.  The  State  Game  and  Fish  Commissioner  shall  keep  a  seal  of 
office  which  shall  be  used  to  authenticate  all  papers  and  documents  issued  and  exe- 
cuted by  him  as  such  officer.  In  the  month  of  October,  in  the  year  1910,  and  every 
four  years  thereafter,  the  State  Game  and  Fish  Commissioner  shall  make  a  report  to 
the  governor  showing  the  official  business  transacted  by  him.  Such  report  shall 
show  the  number  of  hunter's  license  issued,  together  with  all  fees  proceeding  there- 
from. It  shall  show  what  moneys  have  been  received  by  the  game  and  fish  depart- 
ment from  other  fees  and  from  other  sources.  It  shall  show  the  number  of  wardens 
employed  under  special  instructions,  and  shall  give  all  necessary  information  con- 
cerning the  affairs  of  the  department  of  game  and  fish.  Such  report  to  be  published 
in  pamphlet  form. 

Duties  of  commissioner:  Sec  21.  It  shall  be  the  duty  of  the  State  Game  and 
Fish  Commissioner  to  enforce  all  laws  that  are  now  enacted  or  that  may  hereafter  be 
enacted,  for  the  protection,  preservation,  and  propagation  of  game  animals,  birds  and 
fish  in  this  State,  and  to  prosecute  all  persons  who  violate  such  law.  Such  game 
and  fish  commissioner  shall  at  any  and  all  times  seize  any  and  all  birds,  animals  or 
fish  which  have  been  caught  or  killed  at  a  time,  in  a  manner  or  for  a  purpose  or  in 
possession  or  which  have  been  shipped  contrary  to  the  laws  of  this  State. 

Printing,  blanks:  Sec  22.  [Blanks  and  necessary  printing  allowed  the  Commis- 
sioner, expense  payable  from  game  protection  fund.] 

Powers  of  commissioner  and  wardens:  Sec  23.  The  State  Game  and  Fish  Com- 
missioner and  his  deputies  shall  have  the  same  power  to  serve  criminal  processes  as 
sheriffs  and  constables. 


\i  m.  \ m  \.  1  89 

Wardens' appointment,  twin,  ponn;  Ssi  24  Pho  state  Game  and  I  I 
oner,  .-li.il  I  a.<  soon  as  practicable,  after  assuming  ill"  .hit  i.-  of  bis  office,  appoint 
nd  with  the  consent  and  approval  of  the  governor,  some  person  skilled  in  mi 
relating  to  game  and  fish,  game  and  fish  wardens,  in  each  county  in  this  State,  and  such 
i  appointed  shall  be  known  as  county  game  and  fish  wardens.  Said  irardens 
wall  assist  the  State  Game  and  Fish  Commissioner  in  1 1 1 « -  discharge  ol  hi-  official 
duties,  and  said  warden  Bhall  have  like  power  and  authority  herein  provided  for  the 
State  Game  and  Fish  Commissioner,  relative  t<>  the  enforcement  of  this  law,  but  said 
deputies  ami  wardens  shall  be  subject  to  the  supervision  and  direction  of  the  State 
Game  and  Fish  Commissioner  and  Bubject  to  removal  for  cause  by  him.  Said 
irardens  shall  hold  office  for  four  years,  or  until  their  successors  are  duly  appointed; 
before  entering  upon  the  discharge  •  >!'  their  official  duties  each  county  game  and  fish 
irarden  shall  give  bond  in  the  Bum  of  five  hundred  dollars,  payable  to  the  State  of 
Alabama,  with  two  or  more  sureties,  to  be  approved  by  the  secretary  ol  State,  con- 
ditioned  that  he  will  well  and  truly  account  for  and  legally  apply  all  money  which 
ina\  come  into  his  hands  in  his  official  capacity  and  that  he  will  faithfully  perform 
all  the  duties  enjoined  upon  him  by  law. 

Wardens' compensation:  Sec.  25.  Bach  county  game  and  fish  warden  shall 
receive  one-half  of  all  lines,  forfeitures  and  penalties  collected  in  the  county  in  which 
he  hoid<  (.Mice.  And  Buch  moneys  shall  be  so  paid  by  the  court-  collecting  the  Bame, 
and  the  remainder  shall  be  forwarded  to  the  Mate  treasurer  and  covered  into  the 
lame  and  tish  protection  fund. 

Publication  of  game  laws:  Sec.  26.  The  State  Game  and  Fish  Commissioner  by 
ainl  with  the  consent  of  the  governor  shall  cause  to  be  published  in  pamphlet  form 
for  general  distribution  the  laws  relating  t«»  game,  lards  and  lish. 

Ex  officio  game  wardens:  Sec.  29.  All  sheriffs,  deputy  sheriffs,  marshals,  con- 
rtables,  or  other  peace  officers  in  this  state  are  hereby  declared  ex  officio  deputy 
panic  and  fish  wardens. 

License:  Sec.  31.  [Requires  resident  to  procure  license  to  hunt  outside  his  beat, 
waul  or  voting  precinct;   fee,  $1.00.] 

Same:  Sec.  32.  [Requires  resident  to  procure  a  license  to  hunt  outside  the  county 
of  his  residence:   fee,  $3.00.] 

Same:  Sec.  .">:'>.  [Requires  nonresidents  of  the  State,  and  aliens,  to  procure  license 
to  hunt;   fee,  $15.00.] 

Game  fund:  Sec  '-'A.   [Probate  judges  issue  all   licenses  and  they  are  required 
to  remit  to  the  State  treasurer  each  month,  the  amounts  they  receive,  less  their  fee 
of  15  cents  for  each  license  issued;   the  State  treasurer  musl  sel  aside  all  moneys 
ceived  as  a  game  and  fish  protection  fund.] 

Game  and  fish  protection  fund:  Sec.  :'M  All  moneys  sent  to  the  State  treasurer 
in  payment  of  hunting  licenses,  tine-,  penalties  and  forfeitures,  arising  under  the 
provisions  of  this  act.  shall  he  set  aside  by  the  State  treasurer  and  shall  constitute  a 
fund  known  as  the  "  Game  and  Fish  Protection  Fund,"  for  the  payment  of  the 
Salary  of  the  State  Game  and  Fish  Commissioner  and  his  necessary  incidental  ex- 
•>,  also  tie-  payment  of  the  expenses  of  the  game  and  tish  warden  when  acting 
under  special  instructions.  The  expenses  incurred  lor  any  purpose  or  in  conse- 
quence of  this  act,  shall  be  limited  to  the  amount  of  money  in  the  game  and  tish 
protection  fund,  and  in  no  event  shall  the  State  pay  any  such  salaries  or  expene 
he  liable  in  any  manner  therefor  except  to  the  extent  of  such  game  and  fish  protec- 
tion fund,  and  the  State  Game  and  Fish  Commissioner  shall  not  issue  any  voucher 
nor  shall  the  State  auditor  approve  any  voucher  if  issued  by  the  said  State  <  rame  and 
Fish  Commissioner  for  any  services  or  any  expenses  of  any  kind  unless  the  money 
to  pay  such  voucher  shall  at  the  time  be  on  hand  in  the  State  treasury  to  the  credit 
of  the  State  game  and  lish  protection  fund. 


140  GAME    COMMISSIONS    AND    WARDENS. 

"Wardens'  compensation  in  special  cases:  Sec.  41).  Game  and  fish  wardens 
acting  under  special  instructions  shall  receive  three  dollars  per  day  for  their  .services. 

Report  of  prosecutions:  Sec.  41.  That  it  shall  he  the  duty  of  every  justice  of  the 
peace,  and  clerk  of  any  court  before  whom  any  prosecution  under  this  act  is  com- 
menced, or  shall  go  on  appeal  and  within  twenty  days  after  trial  or  dismissal  thereof 
to  report  in  writing  the  result  thereof  and  the  amount  of  line  collected,  if  any,  and 
the  disposition  thereof  to  the  State  Game  and  Fish  Commissioner.  All  moneys  col- 
lected from  lines,  penalties  or  forfeitures  under  this  act,  shall  belong  to  the  game  and 
lish  protection  fund  with  the  exception  of  that  part  which  under  this  act  belongs  to 
the  wardens,  and  shall  be  paid  over  by  the  officer  authorized  to  collect  said  money 
to  the  State  treasurer  on  or  before  the  lirst  day  of  each  month,  and  shall  be  con- 
veyed by  him  into  the  game  and  fish  protection  fund.  And  the  State  treasurer  shall 
report  on  the  first  day  of  each  month  to  the  State  Game  and  Fish  Commissioner  the 
exact  amount  of  money  to  the  credit  of  the  Game  and  Fish  Protection  Fund. 

Fines:  Sec.  45.  All  fines  imposed  under  the  provisions  of  this  act  shall  l>e  paid  in 
lawful  money,  that  is  to  say,  in  currency  of  the  United  States  of  America. 

Charge  to  grand  jury:  Sec.  46.  That  circuit  judges  and  the  judges  of  concurrent 
jurisdiction  in  this  State,  be,  and  they  are  hereby  required  to  give  the  grand  juries 
when  organized,  the  provisions  of  this  act  strictly  in  charge  and  to  urge  strict  inquiry 
into  infractions  thereof. 

Prima  facie  evidence:  Sec  9.  *  *  *  It  is  further  declared  unlawful  to  make 
use  of  any  artificial  light  in  hunting  or  killing  deer.  And  the  wearing  or  having 
such  light  on  the  head  or  any  part  of  the  body  wrhile  hunting  shall  be  prima  facie 
evidence  of  the  violation  of  this  section.     *     *     * 

Warden's  costs:  Sec  13.  That  when  an  arrest  for  a  violation  of  this  act  is  made  by 
the  State  Game  and  Fish  Commissioner  or  by  any  warden  and  the  defendant  is  con- 
victed, there  shall  be  taxed  as  cost  in  favor  of  such  warden  making  the  arrest,  the 
same  fee  as  a  constable  is  entitled  to  in  misdemeanor  cases,  and  if  collected  from  the 
defendant  shall  be  paid  over  to  such  warden  and  shall  be  his  personal  perquisite. 
But  no  fee  shall  be  allowed  in  cases  of  acquittal. 

Procedure,  separate  offense:  Sec  14.  *  *  *  whenever  the  possession,  use, 
importation,  transportation,  storage,  sale,  offering  or  exposing  for  sale  of  game  or 
birds,  is  prohibited  or  restricted,  the  prohibition  or  restrictions  shall  extend  to  and 
including  every  part  of  such  game  and  a  violation  as  to  each  animal  or  bird  or  part 
thereof  shall  be  a  separate  offense  and  two  or  more  offenses  may  be  charged  in  the 
same  affidavit,  complaint  or  indictment,  and  proof  as  to  part  of  a  game  bird  or  animal 
shall  be  sufficient  to  sustain  a  charge  to  the  whole  of  it;  and  the  violation  as  to  the 
number  of  animals  or  birds  of  the  same  kind  may  be  charged  in  the  same  count  and 
punished  as  a  separate  offense  as  to  each  animal,  bird  or  game. 

Corporation,  arrest,  &c. :  Sec  15.  In  cases  of  violation  of  this  act  by  a  corpora- 
tion the  warrant  of  arrest  may  be  read  to  the  president,  secretary  or  manager  in  th 
State,  or  to  any  general  or  local  agent  thereof,  in  any  county  where  the  action  or  indi 
ment  is  pending,  and  upon  the  return  of  such  warrant  so  served  the  corporation  shall 
be  deemed  in  court  and  subject  to  the  jurisdiction  thereof,  and  any  fine  imposed  may 
be  collected  by  execution  against  the  property  of  said  corporation,  but  this  section 
shall  not  be  construed  to  exempt  any  agent  or  employee  from  prosecution. 

Failure  to  perform  duties,  misdemeanor:  Sec  16.  Any  official,  officers  or 
warden,  who  shall  fail  to  perform  any  act,  duty  or  obligation  enjoined  upon  him  by 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  convic- 
tion shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars. 

Approved  Feb.  19,  1907. 


ra- 

2 


ILA8KA        ARIZONA.  Ill 

ALASKA. 
:  .  ehap.  L087,  p.  8 

Forfeiture  of  gamej  ;:nn-,  boats,  &c. :  Sec.  6.  Thai  any  person  violating  any 

of  the  provisions  ol  this  \>  t  or  anj  of  the  regulations  pr algated  by  the  Becretar) 

of  Agriculture  shall  be  deemed  guilt}  of  a  misdemeanor,  and  upon  conviction  th< 
■hall  forfeit  t.>  the  United  States  all  game  or  birds  in  his  possession,  and  all  guns, 
traps,  nets,  or  boats  used  in  killing  or  capturing  said  game  or  birds,  and  shall  be  pun- 
ished lor  each  offense  l>\  i  fine  of  not  more  than  two  hundred  dollars  or  imprison- 
ment no1  more  than  three  months,  or  by  both  Buch  fine  and  imprisonment,  in  t  te 
discretion  of  the  court:  Prm  idtd,  That  upon  conviction  for  the  second  or  any  Bubse- 
quent  offence  there  may  be  imposed  in  addition  a  fine  of  fifty  dollars  for  any  viola- 
tion of  sections  one  and  three,  and  a  fine  <>i'  one  hundred  dollars  for  a  violation  of 
section  two. 

Officers'  arrest,  seizure:  It  is  hereby  made  the  duty  of  all  marshals  and  deputy 
marshals,  collectors  or  deputy  collectors  of  customs  appointed  for  Alaska,  and  all 
officers  of  revenue  cutters  to  assist  in  the  enforcement  of  this  Act  Any  marshal  or 
deputy  marshal  may  arrest  without  wan-ant  any  person  found  violating  any  of  the 
provisions  -  t  this  Act  or  any  of  tin-  regulations  herein  provided,  ami  may  seize  any 
game,  birds,  ■■!■  bides,  and  any  traps,  nets,  guns,  boats,  or  other  paraphernalia  used 
in  the  capture  of  such  game  or  birds  and  found  in  the  possession  of  said  person,  and 
any  collector  or  deputy  collector  of  customs,  or  any  person  authorized  in  writing  by 
a  marshal,  shall  have  the  power  above  provided  to  arrest  persons  found  violating 

this  Ait  orsaid  regulations  and  seize  said  property  without  warrant,  to  keep  and 
deliver  the  same  to  a  marshal  or  a  deputy  marshal.  It  shall  be  the  duty  of  the 
Secretary  of  the  Treasury  upon  request  of  the  Secretary  of  Agriculture  to  aid  in 
carrying  out  the  provisions  of  this  Act:    *    *    * 

Approved.  .Inne  7.  L902. 

ARIZONA. 

Revised  Statutes,  1901,  Chap.  XI,  p.  149. 

Fish  and  game  commissioners,  term:  Sec.  171.  The  governor  shall  appoint 
three  fish  and  game  commissioners,  who  shall  hold  office  two  years  and  until  their 
successors  are  appointed.  The  commissioners  shall  receive  no  compensation  for 
their  services. 

Duties  of  business  agent:  Sec.  172.  The  commissioners  bo  appointed  may,  by 
resolution,  designate  one  of  their  number  as  the  business  agent  of  the  hoard;  and  it 
shall  he  his  duty  to  keep  minutes  of  the  acts  and  proceedings  of  said  hoard  from 
time  to  time,  to  collect,  classify  and  present  to  said  board  such  statistics,  data  and 
information  a-  the  hoard  may  order,  or  he  may  think  will  tend  to  promote  the  object 
of  this  title,  and  to  conduct  the  correspondence  and  take  charge  of  and  safely  keep 
the  reports,  books,  papers,  documents,  etc.,  w  bich  may  be  collected  by  the  commis- 
sioners, and  to  prepare  an  annual  report  of  the  board  to  the  governor,  which  report 
shall  contain  such  recommendations  for  le:_ri-lati\e  action  as  the  commissioners  may 
deem  best  calculated  to  promote  the  cultivation  and  increase  of  game  and  the  food 
fishes  in  the  Territory  of  Arizona. 

Duties  of  commissioners;  Fish:  Sec.  17:;.  [Duties  of  commissioners  respecting 
fish  culture.] 

Duties  of  commissioners;  Game:  Sec.  174.  It  is  the  duty  of  the  fish  and  game 
commissioners: 

(1)  To  see  that  the  laws  for  the  preservation  of  fish  and  game  are  strictly  enforced: 
and  for  that  purpose  they  may  from  time  to  time  employ  such  assistants  as  they  shall 
deem  necessary,  without  cost  to  the  territory,  which  persons  so  appointed  as  assist- 


142  GAME    COMMISSIONS   AND    WARDENS. 

ants  shall  have  all  powers  and  authority  of  sheriffs  to  make  arrests  for  violation  of 
Buch  laws  throughout  the  territory. 

(2)  To  import  the  spawn  or  ova  of  fish  suitable  for  food. 

(3)  To  provide  for  the  distribution  and  protection  of  game  birds  imported  into 
this  territorv  for  the  purpose  of  propagation,  and  also  birds  that  are  natives  of  this 
territory. 

Posting1  lands;  Penalties:  Sec.  175.  They  may  cause  notices  to  be  posted  upon 
private  grounds  at  the  request  of  the  owner  or  lessee  of  such  grounds,  that  shooting 
or  fishing  therein  is  prohibited,  and  when  such  notices  are  posted  by  authority  of 
such  commissioner,  it  shall  be  a  misdemeanor  for  any  person  to  shoot  or  fish  on 
such  grounds,  without  the  permission  of  the  owner  or  lessee  of  such  grounds,  and 
punishable  as  misdemeanors  are  punishable  in  the  Penal  Code,  and  fines  collected 
on  conviction  therefor  shall,  after  deducting  the  expenses  of  the  court,  be  paid  over, 
to  such  commissioners,  to  be  by  them  expended  in  carrying  out  the  objects  of  this 
chapter. 

Laws  of  1905,  chap,  25,  p.  29. 

Prima  facie  evidence:  Sec.  8.  Proof  of  possession  of  any  game  or  fish  mentioned 
in  this  Act,0  which  shall  not  show  evidence  of  having  been  taken  by  means  other 
than  a  net,  snare,  trap  or  pound,  shall  be  prima  facie  evidence  in  any  prosecution 
for  violation  of  the  provisions  of  the  preceding  section  [prohibiting  netting,  trapping 
and  snaring  game]  that  the  person  in  whose  possession  such  game  or  fish  is  found, 
took,  killed  or  destroyed  the  same  by  net,  snare,  trap  or  pound. 

License  fees:  Sec.  24.  *  *  *  The  moneys  received  from  the  sale  of  nonresi- 
dent licenses  shall  be  used  by  the  Fish  and  Game  Commissioners  in  the  proper  dis- 
charge of  their  duties;  provided,  that  the  Fish  and  Game  Commissioners  shall 
include  in  their  biennial  reports  a  statement  of  all  licenses  issued  under  this  section, 
and  an  itemized  statement  of  all  moneys  expended,  and  the  surplus,  if  any  there 
shall  be,  shall  be  remitted  to  the  Territorial  Treasurer  and  placed  in  the  General 
Fund. 

Arrest:  Sec  25.  A  Fish  and  Game  Commissioner  and  his  deputies  shall  have 
authority  to  arrest  without  writ,  rule,  order  or  process  any  person  in  the  act  of  com- 
mitting a  crime  in  violation  of  any  of  the  provisions  of  this  Act,  and  they  are  hereby 
made  peace  officers  of  this  Territory  for  that  purpose.  " 

Peace  officers:  Sec.  26.  *  *  *  It  is  hereby  made  the  duty  of  any  peace  officer 
to  arrest  any  person  or  persons  violating  any  of  the  provisions  of  this  Act,  and  to 
take  them  before  any  civil  authority  competent  to  try  the  offense.  Any  peace 
officer,  game  commissioner,  or  deputies,  who  shall  see,  or  be  informed  of,  or  become 
cognizant  of,  any  person  or  persons  violating  any  of  the  provisions  of  this  Act,  and 
who  shall  fail  to  perform  his  duty  as  prescribed  in  this  section,  shall,  upon  convic- 
tion thereof,  be  fined  in  the  sum  of  twenty-five  dollars.  One-half  of  all  fines  col- 
lected under  the  provisions  of  this  Act  shall  go  to  the  person  or  persons  upon  whose 
testimony  such  conviction  is  secured;  the  remaining  one-half  shall  be  paid  into  the 
school  fund. 

Approved  March  4,  1905. 

ARKANSAS. 

Digest  of  the  Statutes,    1904,   Chap.   LXIX,  p.  828. 

Peace  officers;  Arrest;  Penalties:  Sec  3622.  The  sheriff  of  each  county,  or 
any  constable  thereof,  is  hereby  constituted  ex  officio  game  warden  for  his  respective 
county,  and  his  deputies  shall  be  deputy  game  wardens,  by  virtue  of  their  appoint- 

«Deer,  elk,  sheep,  goat,  antelope,  quail,  partridge,  grouse,  pheasant,  wild  turkey, 
snipe,  and  rail. 


LBK  LNBAi      CALIFORNIA.  I  19 

inriit  as  deput)  sheriffs.     It  -hall  be  th€  doty  of  the  game  warden  01  stable 

pr  deputy,  to  make  Arrests,  and  prosecute  offenders,  under  tlu>  i  I  other 

misdemeanor  canen,  l>efore  an)  justice  of  th<  ind  without  I-  "'I  t.. 

give  bond  for  costs.      \nl  it  Bhall  be  a  misdemeanor  in  office  foran 

or  deputy  to  fail  to  prosecute  f  this  act      All  fines  collected  un.. 

shall  go  t>>  thai  game  warden  or  deput)  or  constable  making  tin-  arrest  and  securing 

thf  t<.n\  iction. 

Arrest:  S  An\  justice  of  the  peace  upon  information  received  thai  any 

of  the  provisions  of  this  act  have  been  or  are  being  violated,  Bhall  issue  his  warrant 
of  arresl  directed  to  an)  sheriff  or  constable,  or  other  peace  officer,  commanding 
that  said  offender  l>e  at  once  arrested  and  held  for  trial.  No  bond  Bhall  be  required 
Vny  constable,  sheriff  or  other  officer  failing  or  refusing  to  serve  said 
mt,  shall  Ik*  guilty  of  a  non-feasance  in  office,  and  upon  conviction  shall  be 
fined  in  an)  sum  nol  less  than  fifty  nor  more  than  one  hundred  dollars,  and  be 
removed  from  office. 

Refusing  or  opening"  packages:  Bbc.  3626.  Common  carriers  may  refuse  any 
package  which  they  may  Buppose  contains  fish  or  game  designed  for  export  and  may 
paid  package  to  be  opened,  or  may  satisfy  themselves  in  any  ether  way  that 
.-aid  package  does  nol  contain  game  or  fish,  a 

CALIFORNIA. 

Political  Code   1897,  Art.  I,  p.  62. 

Fish  commissioners:   [Sec.  .">4.">.  There  are  .'!  tish  commissioners.] 

Art.  II,  p.  69. 

Appointment:  [Sec.]  368.  The  following  executive  officers  are  appointed  by  the 
rnor,  with  the  consent  of  the  Senate:  *    *    *     (3)  the  fish  commissioners  [who 
hold  office  during  the  pleasure  of  the  <  lovernor]. 

Art.  XVII. 

Duties:  [Sec.]  642.   It  is  the  duty  of  the  Fish  Commissioners: 
1.  To  see  that  the  laws  for  the  preservation  of  li>h  and  game  are  Btrictly  enforced; 
and  for  that  purpose  they  may  from  time  to  time  employ  such  assistants  as  they  shall 
deem  necessary,  which  persons  so  appointed  as  assistants  shall  have  all  powers  and 

authority  of  sheriffs  to  make  arrests  for  violation  of  such  laws  throughout  the  State. 
******* 

7.  To  provide  for  the  distribution  and  protection  of  game  birds  imported  into  this 

for  purposes  of  propagate  n. 

8.  To  report  biennially  to  the  Governor  a  statement  of  all  their  transactions  and 
disbursements. 

Compensation:   [Sec.]  '»4."».  The  commissioners  receive  no  compensation. 

Appendix,  p.  1031     Statutes  1895,  Chap.  CLXV.  i 

County  wardens:  Sec.  1.  The  hoard  of  supervisors  of  each  and  every  county  in 
in-  may,  in  its  discretion,  at  their  fir>t  meeting  held  in  April,  eighteen  hundred 
and  ninety-live,  and  at  their  first  meeting  held  in  January,  eighteen   hundred  and 
ninety-seven,  and  in  January  every  two  years  thereafter,  appoint  a  suitable  ;  i 

ve  for  the  period  of  two  years  from  the  date  of  his  appointment  as  tish  and 
warden  of  the  county,  which  office  is  hereby  created;  *    *    * 
Duties:  Sec.  -.   Said  fish  and  game  warden  shall  enforce  the  sta  e  law-, 
relating  to  the  protection  of  tish  and  .name,  and  he  shall  be  vested  with  all  the  powers 
of  a  peace  officer  to  made  arrests  for  the  violation  of  such  laws. 


«  See  Wells  Fargo  Express  Co.  v.  State,  96  S.  W.,  189. 


144  GAME    COMMISSIONS    AND    WARDENS. 

Salary:  Sec.  3.  The  salary  of  said  lish  and  game  warden  is  hereby  fixed,  in 
accordance  with  the  classification  of  counties,  as  follows: 

Salary;  Reports;  Removal:  Sec.  4  [as  amended  by  Laws  of  1905,  Chap. 
000V].  For  counties  of  the  second  class  [150,000  to  300,000],  one  hundred  and 
twenty-five  dollars  per  month;  for  counties  of  the  first  and  third  classes  [300,000  and 
over,  100,000  to  150,000],  one  hundred  dollars  per  month;  for  counties  of  the  fourth, 
fifth  and  sixth  classes  [3.s,000  to  100,000],  the  sum  of  seventy-five  dollars  per  month; 
for  counties  of  the  seventh,  eighth,  ninth  and  tenth  classes  [27,400  to  38,000],  the 
sum  of  sixty  dollars  per  month;  and  for  all  other  classes  from  the  eleventh  to  the 
fifty-third,  inclusive,  the  sum  of  fifty  dollars  per  month.  In  addition  thereto  said 
warden  shall  be  allowed  a  sum  not  to  exceed  twenty-live  dollars  per  month  for 
expenses  incurred  by  him  in  the  performance  of  his  duties.  Said  salary  and  expenses 
incurred  must  be  paid  monthly  from  the  county  treasury.  Said  fish  and  game  war- 
den shall,  before  entering  upon  the  discharge  of  his  duties,  execute  a  bond  with 
sureties  in  such  sum  as  may  be  required  by  the  board  of  supervisors,  for  the  faithful 
and  proper  discharge  of  his  duties  as  such  fish  and  game  warden.  Said  warden  shall 
report  quarterly  to  the  board  of  supervisors  of  his  county,  giving  a  detailed  statement 
of  all  arrests  made,  convictions  had,  fines  collected,  and  generally  in  regard  to  the 
management  of  his  office.  Such  officers  may  be  removed  by  the  board  of  supervisors 
for  intemperance,  neglect  of  duty,  or  other  good  and  sufficient  reasons. 

Approved  March  26,  1895. 

Penal  Code  1897. 

Prima  facie  evidence:  Sec.  631.  [as  amended  by  Laws  of  1905,  chap.  287.  Pro- 
hibits use  of  nets,  pounds,  cages,  traps,  set  lines  or  wires  in  taking  any  game,  and 
sale,  transportation  and  possession  of  game  so  taken.]  Proof  of  possession  of  any 
such  birds  or  animals  which  do  not  show  evidence  of  having  been  taken  by  means 
other  than  a  net,  pound,  cage,  trap,  set  line  or  wire,  or  by  the  use  of  any  poisonous 
substance,  is  prima  facie  evidence  in  any  prosecution  for  violation  of  the  provisions 
of  this  section,  that  the  person  in  whose  possession  such  birds  or  animals  are  found, 
took,  killed,  or  destroyed  the  same  by  means  of  a  net,  pound,  cage,  trap,  set  line  or 
wire,  or  by  the  use  of  poisonous  substance. 

Penalties:  Sec.  631b.  [Added  in  1901]  All  fines  paid  or  collected  for  the  viola- 
tion of  any  of  the  provisions  of  sections  [626-626k,  626m,  627-627b,  and  631,  includ- 
ing all  provisions  respecting  seasons,  methods,  bog  limits,  etc.,]  of  this  chapter,  must 
be  paid  by  the  court  in  which  the  conviction  shall  be  had  into  the  state  treasury  to 
the  credit  of  the  game  preservation  fund,  which  fund  is  hereby  created,  and"  the 
moneys  in  said  fund  shall  be  applied  to  the  payment  of  claims  approved  by  the 
game  commissioner  of  the  state  board  of  fish  commissioners  for  the  expense  of  pro- 
tecting, restoring  and  introducing  game  into  the  state  and  to  the  payment  of  the 
expenses  incurred  in  the  prosecution  of  offenders  against  the  provisions  of  the  above 
named  sections. 

Laws  of  1907,  chap.  206,  p.  247. 
[An  Act  to  require  all  persons  who  hunt  to  take  out  a  license] 

Fees:  Sec.  3.    [Resident  SI;  nonresident  $10;  alien  825.] 

Disposition  of  fees:  Sec.  6.  All  moneys  collected  for  licenses  as  provided  herein, 
ami  all  tines  collected  for  violation  of  the  provisions  hereof,  shall  be  paid  into  the 
state  treasury  and  credited  to  the  game  preservation  fund. 

Production  and  transfer  of  license — forfeiture:  Sec  8.  Every  person  having 
a  license  as  provided  herein,  who  while  hunting  or  killing  game,  refuses  to  exhibit 
such  license  upon  demand  of  any  officer  authorized  to  enforce  the  game  laws  of  the 
state,  or  any  peace  officer  of  the  state,  shall  be  guilty  of  a  misdemeanor;  and  every 
person  lawfully  having  such  license,  who  transfers  or  disposes  of  the  same  to  another 
person  to  be  used  as  a  hunting  license,  shall  forfeit  the  same. 


I  OLOB  LDO.  1  15 

COLORADO. 
Laws  of  L890,  chili).  i)H»  1>-    184. 
I>i\  I8IOK     \.      GCNBRAl     l'K"\  BIOMS. 

Department  of  game  and  Bah;  Oommiaaioner;  Deputy  Oommiaaioner;  Com- 
pensation: Sec.  l.  [A-  amended  in  1907]  The  departmenl  of  game  and  Bsh  it 
hervb)  . rested  an.l  immediately  upon  the  passage  oi  this  A.  i.  and  every  two 

tfter,  the  governor  shall,  b\  and  with  the  consent  ol  the  Senate,  appoint  some 
::,  skilled  in  matters  relating  to  game  and  fish,  to  !><•  the  stair  <  lame  and  Fish 
('.•nuiii.--ii.iHT  who  shall  be  the  head  of  the  Game  and  Fish  Department  and  shall 
tak«-  his  office  on  the  first  day  ol  April  of  each  biennial  period.  The  <  rovernor  may 
at  any  time  remove  the  Commissioner  for  cause,  and  in  vacation  of  the  Senate  may 
till  any  vacancy  in  the  office  for  the  unexpired  term  by  appointment  in  \\  riting  filed 
w  itli  tin-  Secretary  <>f  State. 

The  Commissioner  Bhall  be  a  resident  and  citizen  of  this  Btate,  and  shall  hold  his 
office  for  the  term  of  two  years  or  until  his  successor  shall  be  duly  appointed  and 
Qualified;  tin.'  Commissioner  shall  receive  a  salary  of  eighteen  hundred  dollars 
•  per  annum,  together  with  his  reasonable  and  necessary  traveling  expenses, 
not  exceeding  -i\  hundred  dollars  |  *»>00.  i  per  annum,  t<»  be  paid  as  the  -alary  and 
fcxpenses  of  other  state  officers;  and  such  Commissioner  shall  have  the  power  to 
apjMtint  a  Deputy  State  Game  and  Fish  Commissioner  at  a  salary  of  fifteen  hundred 
dollars  ($1,500.  per  annum,  together  with  his  reasonable  and  necessary  traveling 
fcxpenses,  not  exceeding  four  hundred  dollars  ($400.)  per  annum,  to  be  paid  as  the 
salary  and  expenses  of  the  Commissioner  are  paid:  and  the  Commissioner  ma)  revoke 
such  appointment  at  any  time  and  appoint  a  successor. 

Bond:  Sec.  2.  [Bond  of  Commissioner  $5,000.] 

Office;  Clerk:  Sec.  :;.  The  commissioner  Bhall  be  provided  with  an  office  at  the 
Rate  eapitol,  and  with  suitable  furniture,  stationery  and  other  facilities  for  the  trans- 
action of  the  business  of  his  department.     He  may  appoint  a  clerk  at  a  salary  not 
ling  £1,000.  per  annum,  and  may  tit  any  time  remove  said  clerk  and  appoint  a 

SUrct--  ir. 

Chief  wardens;  Deputy  wardens;   Special  wardens;    Posse;  Bond:  Sbc.  4. 
tended  by  Laws  of  1903,  chap.  112]     The  commissioner  may  in  writing  appoint 

and  keep  in  service  not  more  than  livechief  game  wardens,  who  shall  Ik-  resident  - 
citizens  of  this  state.  such  appointments  to  be  tiled  with  the  State  Auditor.      Each 
chief  warden  shall  receive  a  salary  of  $900.00  per  annum,  and  his  reasonable  and 

sary  traveling  expenses,  not  exceeding  $300.00  per  annum.  If  deemed  i. 
sary  for  the  proper  enforcement  of  this  act,  the  commissioner  may,  with  the  approval 
<>f  the  governor,  appoint  deputy  game  wardens  for  a  limited  time,  and  not  exceeding 
ten  in  number  at  any  one  time,  at  a  compensation  not  exceeding  $100.00  per  month, 
each,  while  actually  engaged  in  duty,  which  shall  he  in  full  for  services  and  ordinary 
expenses.  The  commissioner  may  also  appoint  special  game  warden.-,  to  serve 
without  pay,  who  shall  have  the  same  powers  as  deputy  wardens.  The  commis- 
sioner may  revoke  the  commission  of  any  warden,  and  appoint  hi-  successor  at 
pleasure.  In  case  a  pi  >sse  is  summoned  by  the  commissioner  to  a— i-t  in  the  enforce- 
ment of  this  act  the  expenses  thereof  shall  he  paid  by  the  Btate.  The  commissioner 
(hall  require  of  each  warden  the  giving  of  a  bond  in  a  sum  not  exceeding  $1,000.00 
lor  the  faithful  discharge  of  his  duties  and  the  prompt  accounting  for  and  payment 
of  any  moneys  coming  into  his  hands  by  virtue  of  his  office. 

Regulations:  Sec.  7.  The  commissioner  shall  have  power  to  prescribe  such  rules, 
regulations  and  forms  as  may  be  required  to  carry  out  the  true  intent  of  this  act,  and 
not  inconsistent  herewith. 


14(3  GAME    COMMISSIONS    AND    WARDENS. 

Game  fund;  Deficiency:  Sec.  8.  Except  as  herein  otherwise  specially  provided, 
all  moneys  received  under  this  act  by  a  warden  shall  be  paid  over  to  the  commis- 
sioner. Those  received  by  the  commissioner  shall  be  paid  over  monthly  to  the  state 
treasurer,  and  those  received  by  the  state  treasurer,  from  whatever  source,  under  the 
provisions  hereof,  shall  constitute  a  game  fund,  and  be  used  exclusively  for  the  pay- 
ment of  the  salaries  and  expenses  incurred  as  provided  herein,  and  in  the  event  such 
fund  shall  at  any  time  prove  insufficient,  the  deficiency  shall  be  paid  out  of  any 
moneys  in  the  state  treasury,  in  the  same  manner  as  those  of  other  state  officers,  and 
such  appropriations  shall  be  made  as  may  be  necessary  therefor.  Payments  of  sala- 
ries and  expenses  shall  be  made  monthly  upon  verified  accounts  in  detail,  approved 
by  the  commissioner  and  governor,  and  warrants  drawn  by  the  auditor  of  state. 

Duties  and  powers:  Sec.  9.  [Commissioner  and  chief  wardens  shall  devote  their 
entire  time  to  the  duties  of  their  office,  and  shall  prosecute  violators  of  this  law. 
They  have  all  the  rights  and  powers,  throughout  the  state,  of  sheriffs  and  constables.] 

Biennial  report:  Sec.  10.  [The  commissioner  required  to  make  biennial  report  to 
the  governor,  cost  of  report  not  to  exceed  $200.] 

Peace  officers;  Arrest;  Search:  Sec.  11.  The  commissioner  and  every  warden 
throughout  the  state,  and  every  sheriff  and  constable  in  his  respective  county,  is 
authorized  and  required  to  enforce  this  act  and  seize  any  game  or  fish  taken  or  held 
in  violation  of  this  act,  and  he  shall  have  full  power  and  authority,  and  it  shall  be 
the  duty  of  every  such  officer,  with  or  without  a  warrant,  to  arrest  any  person  whom 
he  has  reason  to  believe  guilty  of  a  violation  thereof;  and  with  or  without  a  warrant, 
to  open,  enter  and  examine  all  camps,  wagons,  cars,  stages,  tents,  packs,  warehouses, 
stores,  outhouses,  stables,  barns,  and  other  places,  boxes,  barrels,  and  packages  where 
he  has  reason  to  believe  any  game  or  fish  taken  or  held  in  violation  of  this  act,  is  to 
be  found,  and  to  seize  the  same;  Provided,  That  a  dwelling  house  actually  occupied 
can  be  entered  for  examination  only  in  pursuance  of  a  warrant. 

Use  of  vehicle:  Sec.  12.  Where  game  or  fish,  while  being  transported,  is  seized 
under  this  act,  the  officer  making  such  seizure  shall  have  authority,  upon  payment 
of  reasonable  compensation  therefor,  to  also  take  possession  of  and  use  any  animals 
and  vehicles  used  in  such  transportation  for  the  purpose  of  conveying  the  game  or 
fish  seized  to  a  conveniennt  railroad  station  or  place  of  safe-keeping  or  sale,  and  also 
for  conveying  any  person  arrested  for  the  unlawful  possession  of  such  game  or  fish 
to  a  place  of  hearing  or  trial,  and  no  liability  shall  attach  to  such  officer  by  reason 
thereof,  but  this  section  shall  not  apply  to  any  animal  or  vehicle  while  being  used 
as  a  public  conveyance  for  passengers  or  mails,  or  to  any  railroad  car. 

Indians:  Sec.  13.  In  case  Indians  or  other  persons  shall  engage  in  the  hunt  ng 
or  killing  of  game  or  fish  in  violation  of  this  act,  in  such  number  as  to  be  beyond 
the  reasonable  power  of  the  commissioner  or  any  chief  warden  to  control,  or  in  case 
of  forcible  resistance  to  the  enforcement  thereof,  it  shall  be  the  duty  of  the  sheriff  of 
the  county  in  which  such  violation  exists,  upon  demand  of  the  commissioner  or  any 
chief  warden,  to  aid  him  in  the  enforcement  of  this  act,  and  to  call  to  his  assistance  at 
once  a  sufficient  number  of  persons  to  enforce  the  same  promptly  and  effectually,  or, 
if  by  him  deemed  necessary,  said  commissioner  or  chief  warden  may  call  such  assist- 
ance without  the  intervention  of  the  sheriff.  The  failure,  without  good  cause,  of 
any  person  called  to  assist  in  such  enforcement  to  respond  and  render  such  assistance 
shall  be  deemed  a  violation  of  this  act. 

Forest  officers:  Sec.  14.  *  *  *  Every  officer  having  authority  in  relation  to 
timber  or  timber  reserves  of  the  United  States  shall  have  the  same  authority  under 
this  act  as  a  deputy  warden. 

Replevin:  Sec.  15.  The  commissioner  may,  if  he  so  elect,  bring  and  maintain  a 
civil  action  in  the  name  of  the  people  of  the  state  for  the  possession  of  any  game  or 
fish  taken,  killed  or  held  in  violation  of  this  act,  or  for  the  value  thereof,  against 
any  person  in  possession  or  exercising  control  over  the  same,  and  if  required  by  the 


I   <»|. m|;  \|,M.  1    }7 

commissioner,  a  writ  of  replevin  shall  issue  therein  withonl  bond      No  pn 
demand  for  possession  shall  !"•  necessan       Ii  [judged  in 

•i  the  defendant,  the  Bame  shall  be  i  ►.•.!•  I  out  of  the  gatne  fund      Neither  the 
if  such  action  nor  of  a  criminal  prosecution  shall  beabai  to  the  other, 
nor  shall  anything  in  this  section  affect  the  righl  of  seizure  under  the  othei 

\  bioilS  -•!  this  act. 

Prima  facie  evidence:  Sec.  I'1.  The  possession  at  anytime  of  game  or  fish 
unaccompanied  In  a  proper  and  valid  license,  certificate,  permit,  or  invoice,  as  I  i 
provided,  shall  l>e  prima  facie  evidence  thai  Buch  game  or  fish  was  unlawfully  taken 
and  is  unlawfully  held  in  possession,  and  it  shall  be  the  duty  of  e\  ery  person  having 
the  possession  or  cnnirul  of  game  or  fish  i"  produce  the  proper  license,  certificate, 
permit,  or  invoice,  when  one  is  required  by  this  act,  on  demand  of  any  officer,  and 
ti>  permit  the  same  to  be  inspected  and  copied  by  him. 

Corporations:  Sec.  21.  In  case  of  a  violation  of  this  act  by  a  corporation,  the 
warrant  of  arrest  may  be  read  to  the  president,  secretary  or  manager  in  this  state,  or 
any  general  or  local  agent  thereof  in  tin-  county  where  the  action  is  pending,  and 
Bpon  the  return  of  such  warrant  so  served,  the  corporation  shall  be  deemed  in  court 
and  subject  to  the  jurisdiction  thereof,  and  any  fine  imposed  may  be  collected  by 
execution  against  the  property  of  Buch  corporation,  but  this  section  shall  not  be 
deemed  to  exempt  any  agent  or  employe  from  prosecution. 

Division  1). 

Sale  of  confiscated  game:  Sbc.  9.  All  game  and  fish  seized  under  this  act  shall, 
without  unnecessary  delay,  be  sold  by  the  officer  seizing  the  same,  or  by  the  com- 
missioner, except  when  a  sale  is  impracticable  or  is  likely  to  incur  expenses  exceed- 
ing the  proceeds,  in  which  case  the  same  shall  be  donated  to  any  needy  person  not 
concerned  in  the  unlawful  killing  or  possession  thereof.  The  proceeds 

thereof,  after  deducting  the  costs  of  seizure  and  sale,  shall,  if  made  by  the  commis- 
BOner  or  any  warden,  be  paid  into  the  state  treasury,  but  if  made  by  a  sheriff  or 
able  shall  be  paid,  one-half  to  the  commissioner  and  one-halt  into  the  treasury 
of  the  county  where  the  seizure  was  made. 

Division  E. 

Prima  facie  evidence:  Sbc.  2.  The  naming  of  game  or  fish  upon  any  such  menu 
a>  food  for  patrons  shall  be  prima  facie  evidence  of  the  possession  of  the  Bame  by  the 
proprietor  of  such  hotel,  restaurant,  cafe  or  boarding  house. 

Division  F. 

Destruction  of  appliances:  Sec.  2.  Every  net,  seine,  trap,  explosive,  poisonous 
or  Btupefying  substance  or  device  used  or  intended  for  use  in  taking  or  killing  game 
or  fish  in  violation  of  this  act  *    is  hereby  declared  to  be  a  public  nuisance 

and  may  be  abated  and  summarily  destroyed  by  any  person,  and  it  shall  be  the  duty 

Of  every  officer  authorized   to  enforce  this  act   to  seize  and  summarily  destroy  tin* 
same,  and  no  prosecution  or  suit  shall  be  maintained  for  such  destruction.     *     *     * 

Division  G.      [Added  by  Laws  of  100:5,  Chap.  112.] 

Prima  facie  evidence:  Sec.  10.  The  possession  of  protected  game  at  any  time  in 
the  field,  shall  be  prima  facie  evidence  that  the  party  having  such  possession  is 
engaged,  or  has  been  engaged,  within  the  year  in  hunting  the  Bame. 

Peace  officers;  Production  of  license:  Sbc.  11.  The  commissioner  and  every 
warden  throughout  the  state  and  every  sheriff  and  constable  within  his  respective 
county,  is  authorized,  and  it  shall  be  his  duty,  to  arrest  any  person  guiky  of  a  viola- 
tion of  this  division,  and  to  demand  of  any  person  whom  he  has  reason  to  believe  is 
4358— No.  28—07 11 


148  GAME    COMMISSIONS    AND    WARDENS. 

or  has  been  engaged  in  hunting  in  this  state,  within  the  year,  the  immediate  produc- 
tion of  a  proper  license  therefor,  and  an  opportunity  to  inspect  and  copy  the  same, 
and  it  shall  be  the  duty  of  every  person  required  by  this  act  to  procure  and  have 
in  possession  such  license,  to  so  produce  the  same,  and  permit  such  inspection  and 
copying. 

Division  H.      [Added  by  Laws  of  1903,  Chap.  112.] 

Guides:  Sec.  2.  Every  guide  licensed  under  this  act"  shall,  by  virtue  of  such 
license,  be  entitled  to  act  as  a  deputy  warden,  without  pay,  and  when  commissioned 
as  such,  shall  have  all  the  powers  of  a  deputy  warden,  as  provided  in  said  act,  and  if 
he  shall  violate,  or  connive  or  assist  in  any  violation  of  this  act,  his  license  and  com- 
mission may  be  revoked  by  the  commissioner,  and  he  shall  be  disqualified  to  act  as 
a  guide  during  that  year,  and  also  be  liable  to  punishment  as  for  a  violation  of 
said  act. 

Guide's  report:  Sec  3.  Every  guide  shall,  as  often  as  requested  and  on  blanks 
furnished  by  the  commissioner,  report  under  oath  to  the  commissioner  the  names  and 
number  of  persons  guided  by  him,  the  number  of  days  he  has  been  so  employed, 
and,  as  near  as  practicable,  the  number  of  game  and  fish  taken  or  killed  by  such 
persons  and  himself,  and  such  other  information  as  the  commissioner  may  deem 
desirable.     *    *    * 

Division  K.     [Added  by  Laws  of  1903,  Chap.  112.] 

Civil  action:  Sec.  3.  The  commissioner,  or  any  warden,  if  he  so  elect,  or  any 
other  officer  charged  with  the  enforcement  of  the  laws  relating  to  game  and  fish,  if 
so  directed  by  the  commissioner,  may  bring  a  civil  action  in  the  name  of  the  state 
against  any  person  unlawfully  wounding  or  killing,  or  unlawfully  in  possession  of 
any  game  quadruped,  bird  or  fish,  and  recover  judgment  for  each  such  animal  the 
following  minimum  sums  as  damages  for  the  taking,  killing  or  injury  thereof  to- wit: 
[Elk,  sheep,  S200;  deer,  850;  antelope,  $100;  buffalo,  SI, 000;  bird,  $10.]  No  ver- 
dict or  judgment  recovered  by  the  state  in  such  action  shall  be  for  a  less  sum  than 
hereinbefore  fixed,  but  may  be  for  such  greater  sum  as  the  evidence  may  show 
the  value  of  the  animal  to  have  been  when  living  and  uninjured.  Such  action  for 
damages  may  be  joined  with  the  action  for  possession  now  provided  in  said  act, 
and  recovery  had  for  the  possession  and  also  the  damages  as  aforesaid.  All 
moneys  collected  under  this  section  shall  be  immediately  paid  over  by  the  justice 
or  clerk  of  the  court  collecting  the  same,  as  follows:  One-third  into  the  treasury  of 
the  county  where  the  offense  was  committed,  one-third  to  the  fish  and  game  fund, 
and  one-third  to  the  person  instituting  the  action:  Provided,  That  if  the  person  insti- 
tuting the  action  shall  fail  for  ten  days  after  such  collection,  and  due  notice  thereof, 
to  demand  the  portion  to  which  he  is  entitled,  same  shall  be  paid  to  the  fish  and 
game  fund  and  the  right  of  such  person  thereunder  shall  be  deemed  forfeited.  The 
commissioner,  any  warden  or  officer  instituting  a  prosecution  shall  be  entitled  to  a 
share  in  the  fine  collected  the  same  as  any  other  person  and  shall  be  a  personal  per- 
quisite for  which  he  need  not  account.  Neither  the  pendency  nor  determination  of 
such  action,  nor  payment  of  such  judgment,  nor  the  pendency  nor  determination  of 
a  criminal  prosecution  for  the  same  taking,  wounding,  killing  or  possession  shall  be 
a  bar  to  the  other,  nor  affect  the  right  of  seizure  under  any  other  provision  of  the 
laws  relating  to  game  and  fish. 

Suspension  of  penalty:  Sec  4.  No  fine,  penalty  or  judgment  assessed  or  ren- 
dered under  this  act  *  *  *  shall  be  suspended,  reduced  or  remitted  otherwise 
than  as  expressly  provided  by  law. 

«The  guide's  license  is  additional  to  the  hunting  license. 


COLORADO,  I  I'.' 

Publication  of  laws:  »ner  requ  r»  nd   publish  in 

pamphlet  form  ever)  two  eral  distribution,  the  fish  and  game  la* 

1  hi-  pamphlet  to  ted  in  all  courts  .1-  p 

IHV  of  the  existence  <   •   such    law  -.    rules  and   regulatioi 

Division   I 

Empriaonxnent:  S  ry  person  convicted  and  fined  under  tin-  ad  -hall  be 

Imprisons!  until  the  tine  and  costs  are  paid,  and  -hall  not  be  discharged  therefrom  on 
:it  of  hi-  inability  to  pa\  the  same  until  he  shall  have  been  actually  imprisoned 
our  day  for  each  $5  of  the  fine. 

Prosecutions:  £  secutions  under  this  act  may  be  commenced  either  by 

Indictment,  complaint  «»r  information,  and  district  and  county  courts  and  justi<  • 
pe  peace  in  their  respective  counties  -hall  have  concurrent  original  jurisdiction  of 
■11  offenses  under  thi-  act,  except  those  contemplated  in  Bection  3  of  this  division 
[protecting  buffalo]  of  which  justice  of  the  peace  shall  not  have  jurisdiction  other- 
than  as  committing  magistrates.  < 

Jury  trial;  Appeals:  Sec.  7.  The  accused  shall  be  entitled  to  a  jury  as  in  other 
criminal  cases,  and  an  appeal  shall  lie  from  a  justice  of  the  peace  as  in  cases  of  assault 
and  battery.     Appeals  from  and  writs  of  error  t<>  the  district  and  county  courts  shall 
-  in  other  criminal  cas<  - 

District  attorney:  Sec.  s.  It  shall  be  the  duty  of  each  district  attorney  to  prose- 
cute all  violations  of  this  act,  occurring  within  his  district,  that  may  come  to  his 
knowledge,  or  when  go  requested  by  the  commissioner  or  any  officer  charged  with 
its  enforcement,  the  same  at  all  times  to  be  subject  to  the  supervision  and  control  of 
the  commissioner. 

Exemption  of  witnesses:  Sec  9.   In  any  prosecution  under  this  act,  any  partici- 
pant in  a  violation  thereof,  when  bo  requested  by  the  district  attorney,  commissioner, 
warden  or  other  officer  instituting  the  prosecution,  may  testify  a-  a  witness  against  any 
other  person  charged  with  violating  the  same,  and  his  evidence  so  given  shall  not  be 
tgainst  him  in  any  prosecution  for  such  violation. 

Fines:   Sec.   1".    All  moneys  collected   for  fines  under  this  act   -hall   he  immedi- 
ately paid  ov.r  by  the  justice  or  clerk  collecting  the  same,  as  follow-:   <  Mie-third  into 
the  treasury  of  the  county  where  the  offense  was  committed,  one-third  to  the  com- 
ner.  and  one-third  to  the  person  instituting  the  prosecution.  Tin' 

commissioner,  any  warden  or  officer  instituting  a  prosecution  shall  be  entitled  to  a 
share  in  the  tines  collected  the  same  as  any  other  person,  and  it  shall  be  a  personal 
perquisite  for  which  he  need  not  account. 

Report  of  trial:  Sec  11.  It  shall  be  the  duty  of  every  justice  of  the  peace  and 
clerk  of  a  court  before  whom  any  prosecution  under  this  act  is  commenced  or  shall 
po  on  appeal,  and  within  twenty  days  after  the  trial  or  dismissal  thereof,  to  report 
in  writing  the  result  thereof  and  the  amount  of  fine  collected,  if  any.  and  the  dis- 
position thereof  to  the  commissioner  at  Denver. 

Division-    M . 

Costs:  Sec.  4.  When  an  arre.-t  for  a  violation  of  thi-  act  is  made  by  a  sheriff  or 
constable,  the  usual  fees  in  a  case  of  misdemeanor  shall  be  taxed  in  his  favor,  and  if 
not  collected  from  the  defendant,  or  if  the  defendant  i-  acquitted,  shall  be  paid  by 
the  comity;  and  the  necessary  and  ordinary  ivt-<  and  expenses  of  every  posse  law- 
fully summoned  and  engaged  in  the  enforcement  of  this  act  shall  be  taxed  as  a  part 
of  the  costs,  and  if  not  collected  from  some  person  liable  therefor,  shall  be  paid  out 
of  the  state  treasury  in  the  same  manner  as  is  provided  for  the  payment  of  the 
expenses  of  the  commissioner. 

Fees:  Sec  5.   When  an  arrest  for  a  violation  of  this  act  is  made  by  the  commis- 


150  GAME    COMMISSIONS    AND    WARDENS. 

sioner,  or  a  warden,  and  the  defendant  is  convicted,  there  shall  be  taxed  as  costs  in 
favor  of  the  officer  making  the  arrest  the  same  fees  as  a  constable  is  entitled  to  in  a 
case  of  misdemeanor,  and  if  collected  from  the  defendant,  shall  be  paid  over  to  such 
officer  and  shall  be  a  personal  perquisite  for  which  he  need  not  account,  but  no  bucIj 
fees  -hall  be  allowed  in  case  of  acquittal,  nor  shall  the  county  or  state  be  liable  for 
Bach  fee-  in  any  event. 

Allowances  under  sale:  Sec.  <>.  In  case  of  a  seizure  and  sale  of  game  or  fish  taken 
or  held  in  violation' of  this  act.  the  officer  making  the  same  shall  be  entitled  to  the 
mileage  allowed  to  a  constable  for  Berving  a  writ  of  replevin,  and  the  reasonable  cost 
of  transporting  the  game  or  fish  to  the  place  of  sale,  and.  $3  per  day  for  each  day 
actually  and  necessarily  spent  in  making  the  sale,  which  sums  he  may  deduct  from 
the  proceeds  of  sale,  but  in  no  event  shall  the  county  or  state  be  liable  for  any  defi- 
ciency, and  such  fees  when  earned  by  the  commissioner  or  a  warden  shall  be  a  personal 
perquisite  for  which  he  need  not  account  but  when  such  fees  are  collected  from  the 
proceeds  of  sale  no  other  expenses  shall  be  allowed  any  officer  on  account  of  the 
seizure,  transportation  or  sale. 

Report  of  sale:  Sec.  7.  In  all  cases  the  officer  making  a  seizure  or  sale  shall, 
within  ten  days  thereafter  report  all  the  particulars  thereof  and  an  itemized  state- 
ment of  the  proceeds,  expenses  and  fees  and  the  disposition  thereof,  and  pay  the 
remainder  of  the  proceeds,  if  any,  to  the  commissioner. 

Approved  April  27,  1899. 

CONNECTICUT. 

Revised  Statutes,  1902,  chap.  189,  p.  781. 

Commissioners  of  fisheries  and  game:  [Sec]  3094.  On  or  before  May  first,  1903, 
and  biennially  thereafter,  the  governor  shall  appoint  three  commissioners  of  fisheries 
and  game,  who  shall  serve  for  two  years  from  the  first  day  of  July  following  their 
appointment,  and  until  their  successors  are  duly  appointed,  unless  sooner  removed 
by  the  governor. 

Compensation:  [Sec]  4811.  *  *  *  There  shall  be  paid  *  *  *  To  each 
commissioner  of  fisheries  and  game,  three  dollars  a  day,  also  his  actual  expenses 
while  officially  employed,  and  a  sum  not  exceeding  two  hundred  dollars  a  year  for 
the  clerical  expenses  of  the  commission;     *     *     *.     (Chap.  284,  p.  1152. ) 

Duties;  Powers:  [Sec]  3095.  The  duties  of  the  commissioners  of  fisheries  and 
game  shall  be  as  follows:  *  *  *  the  introduction,  propagation,  and  distribution  of 
such  food  fish  and  game  as  are  adapted  to  the  waters  or  lands  of  this  state,  and  the 
appointment  of  fish  and  game  wardens  and  inspectors  as  hereinafter  provided.  They 
shall  cooperate  with  the  United  States  fish  commission  and  with  the  different  fish  and 
game  commissioners  of  other  states,  and  shall  report  to  the  governor  on  or  before  the 
first  day  of  December  next  preceding  the  convening  of  the  general  assembly,  giving 
a  detailed  statement  of  their  receipts  and  expenditures.  They  shall  enforce  all  laws 
relating  to  fish  and  game  and  shall  perform  such  other  duties  as  are  or  may  be 
imposed  upon  them  by  law.  For  the  purpose  of  enforcing  the  provisions  of  this  title, 
each  of  the  commissioners  shall  have  the  same  power  as  grand  jurors  or  prosecuting 
officers. 

Wardens:  [Sec]  3096.  On  or  before  September  first,  1903,  and  biennially  there- 
after, the  commissioners  of  fisheries  and  game  shall  appoint  one  person  in  each 
county  as  a  fish  and  game  warden,  who  shall  serve  for  two  years  from  the  date  of 
his  appointment. 

Peace  officers;  Special  protectors;  Search:  [Sec]  3097.  Fish  and  game 
wardens  and  other  officers  shall  have  the  power,  without  warrant,  within  their 
respective  precincts,  to  arrest  for  the  violation  of  any  law  relating  to  fish  and  game. 
The  fish  and  game  warden  for  any  county  shall,  within  thirty  days  after  his  appoint- 


\  i .  1 1.  i  ■  i .  L51 

ment,  appoint  not  less  than  ten  nor  more  than  twent)  special  flsh 

onnty,  to  ad  ander  him,  \\  ho  -hall  h  >ld  office  until  removed  I 
warden  appointing  them  or  by  his  successor  or  by  the  commissioners  of  Benefit         I 
game.     Said  warden  may  deputise  another  person  I 

any  person  who  may  be  violating  any  law  relating  to  fish  a  h  warden 

ahall  tak«-  the  oath  of  office  and  -hall  report  to  the  commissioners  of  ftsheri  I 
game  on  the  first  days  of  January,  April,  July,  and  October  in  <  r,  and  shall 

enforce  all  laws  relating  to  fish  and  game.  The  warden  for  an]  county,  his  deputy,  or 
any  -pccial  protector,  snail  have  free  access,  at  all  reasonable  houi  •  b,  w  itbcml 

inch  warrant,  places  or  receptacles  of  any  kind  which  said  officers  have  reasonable 
ground  to  Buspect  are  used  for  keeping,  carrying,  or  covering  game  or  fish  tak< 
-<••  1  contrary  to  law  . 

Powers  of  special  protectors:  [Sec.]  3099.  Special  protectors  of  fish  and  game 
shall  have  the  Bame  powers  as  other  officers  t  •  arrest  for  the  violation  of  any  law  relar 
ting  to  fish  and  game.     They  shall  enforce  all  laws  relating  to  fish  and  ga 

protector  shall  report  to  the  warden  appointing  him  as  often  as  required  by 
warden. 

Fees:  [Sac.]  3100.  In  all  prosecutions  for  the  violations  of  any  law  for  the  pro- 
tection of  fish  and  game,  the  fish  and  game  warden,  his  deputy,  Bpecial  protector,  <»r 
other  officer  making  the  arrest,  shall  be  entitled  to  a  fee  of  twenty  dollars  in  each 
and  every  case  where  conviction  is  had,  which  fee  shall  be  taxed  by  the  court  as 
Inst  the  defendant,  and  said  fish  and  game  warden,  his  deputy, 
Bpecial  protector,  or  other  officer  shall  be  paid  said  sum;  provided,  that  the  court 
taxing  the  costs  in  any  additional  cases  -hall  do  bo  only  a-  justice  may  require. 
Rsh  and  game  wardens  and  Bpecial  protectors  shall  not  receive  any  other  fees 
their  sen 

Scientific  collecting-,   propagation,   etc.:   [Sec.]  3109.  The  commissioners,  or 
any  person  duly  authorized  by  them,  may  take  fish,  crustaceans,  birds,0  or  animals, 
at  any  time  and  place  and  as  they  choose,  for  the  purpose  of  Bcience,  cultivation,  and 
dilation. 

Powers  of  justices  of  the  peace:  [Sec]  3111.  In  all  complaint-  for  the  violation 
of  any  law  made  for  the  propagation,  preservation,  or  protection,  of  fish  or  game, 
the  justice  of  the  peace,  before  whom  the  same  shall  be  tried,  shall  have  jurisdiction 
and  power  to  render  judgment  therein,  and  issue  proc<  ss  cntion  and  mittimus 

thereon  where  such  fine,  forfeiture,  or  penalty,  imposed,  shall  not  exceed  one  hun- 
dred dollar-,  or  imprisonment  of  more  than  thirty  days,  or  both;  but  the  defendant 
shall  have  the  right  to  appeal  as  in  other  cast  - 

Revised  Statutes,  1902,  Chap.  191,  p.  786. 

Prima  facie  evidence:   [Sue]  :;1l'~>.  The  reception  by  any  person  or 

common  carrier  within  this  state,  of  any  -uch  bird  or  birds  [quail,  woodcock,  ami 
ruffed  grouse]  for  shipment  in  an  unmarked  package  or  addressed  to  a  point  without 
the  Btate  shall  be  prima  facie  e\  idence  that  Baid  bird  or  birds  were  killed  within  the 
state  for  the  purpose  of  carrying  the  Bame  beyond  its  limits. 

Destruction  of  appliances:  [Sec]  3130.  [Prohibits  trapping  protected  birds.] 
Any  such  net,  trap,  snare,  or  similar  device  may  be  destroyed  by  any  person. 

0  Certificates  for  collecting  nongame  birds  for  scientific  purpose  led  by  the 

president  of  the  hoard,  upon  endorsement  of  applicant  for  same  by  two  well-known 
scientific  men.  payment  of  $]  fee,  and  execution  of  sufficient  bond  for  compliance 
with  the  law. 


152  GAME    COMMISSIONS    AND    WARDENS. 

Chap.  194,  p.  798. 

Preserves:  [Sec.]  3197.  The  commissioners  shall  have  power  to  establish  state 
game  preserves,  and  to  that  end  may,  in  the  name  and  for  the  use  of  the  state,  lease 
for  the  term  of  either  twenty-five  or  fifty  years,  tracts  of  woodland  in  this  state  suit- 
able for  the  propagation  and  preservation  of  game  and  game  birds;  said  tracts  shall 
contain  not  less  than  fifty  and  not  more  than  three  hundred  acres,  and  shall  during 
the  term  of  said  lease  be  and  remain  state  game  preserves. 

Prima  facie  evidence:  [Sec]  3206.  [Prohibits  destruction  of  game  on  state  game 
preserves.]  The  detection  of  any  person  with  a  gun,  trap,  or  snare  upon  any  state 
game  preserve,  during  the  open  season,  shall  be  presumptive  evidence  of  a  violation 
of  this  section.     One-half  of  the  fine  imposed  shall  be  paid  to  the  informer. 

Laws  of  1903,  chap.  101,  p.  69. 

Investigation  of  violations:  The  commissioners  of  fisheries  and  game  may,  in 
their  discretion,  authorize  the  fish  and  game  warden  of  any  county  to  investigate  the 
violation  of  any  fish  and  game  law  which  has  been  committed  or  alleged  to  have 
been  committed  within  his  county,  and  the  expenses  incurred  by  the  warden  in  such 
investigation  shall  be  paid  from  the  state  treasury  on  an  order  from  the  commissioners 
of  fisheries  and  game  duly  audited  by  the  comptroller;  provided,  that  the  expenses  so 
incurred  shall  not  in  any  case  exceed  the  sum  of  fifteen  dollars. 

Approved  May  15,  1903. 

Laws  of  1907,  chap.  153. 

An  Act  concerning  the  Licensing  of  Hunters. 

Fees:  Sec.  3.   [Resident,  $1;  nonresident,  $10;  alien,  $15.] 

Disposition  of  fees :  Sec.  4.  Every  town,  city,  and  borough  clerk  shall  keep  a 
record  of  all  such  licenses  issued  by  him,  which  record  shall  be  open  to  inspection 
by  all  officers  authorized  to  make  arrests,  and  by  the  state  treasurer  or  his  agents, 
and  the  commissioners  of  fisheries  and  game;  and  such  clerk  shall,  on  the  first  Monday 
in  every  month,  pay  to  the  state  treasurer  all  moneys,  except  recording  fees,  received 
by  him  for  such  licenses  issued  during  the  month  preceding.  All  moneys  so  received 
by  the  state  treasurer  shall  be  set  apart  as  a  fund  to  be  used  for  the  protection  and 
propagation  of  game,  and  shall  be  paid,  from  time  to  time,  to  the  commissioners  of 
fisheries  and  game  in  the  manner  provided  by  section  3098  of  the  general  statutes. 
Said  commissioners  shall  use  all  moneys  so  received  for  the  protection,  preservation, 
and  propagation  of  game  in  this  state,  and  said  commissioners  are  hereby  authorized 
to  receive  and  use  said  moneys  in  the  manner  and  for  the  purposes  hereinbefore  pro- 
vided; provided,  however,  that  in  case  of  a  failure  to  convict  in  any  prosecution  for 
violation  of  the  laws  relating  to  birds  and  quadrupeds,  or  of  this  act,  the  costs  of  said 
prosecution  shall  be  paid  out  of  the  fund  created  by  this  act. 

Approved  June  27.  1907. 

DELAWARE. 
Laws  of  1879,  vol.  16,  chap.  Ill,  p.  163. 

An  Act  to  incorporate  the  Delaware  Game  Protective  Association. 

Delaware  Game  Protective   Association:  Sec.   1.  That  I.   N.  Mills,     *     * 
and  their  successors,  are  hereby  constituted  a  body  corporate  by  the  name  of  the 
Delaware  Game  Protective  Association,  and  to  continue  for  the  space  of  twenty  years 
next  ensuing. 

Constitution,  etc:  Sec  2.  That  the  said  corporation  shall  have  the  power  to 
make  and  adopt  a  constitution  and  by-laws  and  regulations  for  the  admission  of  its 


DELAWARE.  1  •>■". 

members;  for  the  safe  keeping  of  it-  pi  ..I  funds,  and  from  time  to  time  t" 

alter  and  repeal  such  constitution,  by-laws  and  regulati 

OAoers:  S»    3  the  association  shall  be  managed 

ary,  thre<  lent-,  ami  twenty-seven  directors,  nine  of  the  direct 

be  chosen  from  each  county.    *    *    *] 

Regulations:    -  \ •  mresi< lents  iini.-t  comply  with   tin-   regulations  of  the 

Game  I'r-i  >tci  ti\  «■  \  — . ».  -  iii  t  it » 1 1  before  beginning  to  hunt  and  upon  failure  to  do  so  shall 

U-  punished  by  fine  of  $50,  one-half  of  the  fine  to  go  to  the  person  prosecuting  the 

ler  au«l  the  other  half  to  the  Game  Protective  Association.    Justices  of  the 

a  jurisdiction  to  hear  and  determine  offenses  against  this  a 

Membership  dues:  Sbc.  7.  The  fee  for  memberbhip  in  this  society  for  no 
dents  shall  be  five  dollars  for  the  first  year,  and  for  each  Bucce*  ding  year  two  dollars. 
•  isidents  of  this  state,  the  membership  fee  shall  be  two  dollars  for  each  and 
every  year:    *    *    * 

Certificate  of  membership:  Sbc  B.  That  the  secretary  may  admit  persons  to 
membership  by  letter  or  otherwise,  upon  payment  of  the  membership  fee,  and  shall 
issue  to  tin-  person  becoming  a  member  of  this  society  a  certificate  of  membership, 
w  hich  shall  hold  good  for  one  year  from  the  date  of  the  certificate. 

Arrest  without  warrant:  B»  9.  That  every  member  of  this  society  shall  be 
empowered  to  make  arrests  without  warrant  of  any  person  or  persons  who  may  be 
found  violating  any  of  the  provisions  of  this  act  or  infringing  upon  any  laws  made 
for  the  protection  of  game  and  fish  in  this  state,  and  bring  him  or  them  before  a 
magistrate  for  examination. 

Nonresident  members:  Sbc.  L0.  That  the  secretary  of  this  society  shall,  on  or 

before  the  first  day  of  .Inly  and  the  first  of  Novemberof  each  and  everyyear,  furnish 

to  each  of  the  directors  in  the  several  counties  named  herein,  twenty-five  printed 

containing  the  names  of  non-resident  members  of  this  society  within  [sic]  their 

places  of  residence. 

Nonresident  members:  Sbc.  11.  That  it  shall  be  the  duty  of  the  secretary  of 
this  association  to  leave  at  least  two  copies  of  the  lists  of  non-resident  members  of 
the  association  at  the  times  named  in  the  foregoing  section,  with  each  Justice  of  the 
Peace  in  the  several  counties,  and  it  shall  he  the  duty  of  the  Justices  of  the  Peace 
to  file  one  list  of  non-resident  members  with  their  records,  and  to  publicly  post  the 
other  list  at  their  offices  or  places  of  business  as  soon  as  they  may  receive  them. 

Transferring- certificate  of  membership:  Sbc.  12.  [Prescribes  penalty  of  - 
for  transferring  or  giving  away  certificate  of  membership  or  using  another  pen 
certificate  for  purpose  of  killing  or  taking  game.] 

Stocking  covers:  Sec.  13.  That  whenever  the  funds  of  this  Bociety  shall  amount 
to  three  hundred  dollars,  the  said  directors,  together  with  the  President  and  Secre- 
tary, may.  at  such  times  as  they  think  proper,  employ  an  agent  or  agents  to 
purchase  jjame  birds  or  fish  to  be  placed  at  such  points  in  the  state  as  they  may 
determine. 

Nonresident  fees:  Sec.  14.  That  the  funds  obtained  from  non-residents  for  cer- 
tificates of  membership  shall  be  used  for  noother  purpose  than  to  pay  the  legitimate 
expenses  of  the  society,  and  for  the  purpose  of  stocking  the  State  with  game  or  fish, 
as  the  directors  may  from  year  to  year  determine. 

Compensation:  Sec.  1">.  There  shall  be  no  salaries  attached  to  the  offices  of  thi^ 
association;  but  the  director-  may  compensate  the  secretary,  and  pay  such  agents  or 
employees  as  they  may  deem  proper. 

Public  act:  Sec.  16.  This  act  shall  be  deemed  and  taken  to  be  a  public  act.  and 
the  power  to  revoke  the  same  is  hereby  reserved  to  the  Legislature. 

Passed  March  28,  1879;  renewed  and  extended  perpetually  March  25,  1899. 


154  GAME    COMMISSIONS    AND    WARDENS. 

Laws  of  1885,  chap.   507. 

Prima  facie  evidence:  Sec.  5.  [Prohibits  use  of  swivel,  punt,  or  other  gun  except 
one  habitually  fired  from  the  shoulder,  in  killing  ducks,  geese  and  other  wild  fowl. 
Prohibits  the  hunting  of  such  birds  at  night]  and  the  possession  of  said  birds,  after 
the  same  have  been  killed,  by  any  person  having  at  the  same  time  in  his  possesion 
a  swivel  <>r  punt  gun,  or  being  on  the  water  in  the  night  time  with  an  artificial  light, 
shall  be  deemed  prima  facie  evidence  that  such  birds  have  been  killed  by  such  per- 
son in  violation  of  the  provisions  of  this  section. 

Duty  of  justices  of  the  peace:  Sec.  11.  That  the  justices  of  the  peace  in  this 
state  shall  have  plenary  jurisdiction  of  all  offenses  against  the  provisions  of  this  act, 
and  upon  affidavit  made  that  a  person  has  violated  any  of  the  provisions  of  this  act, 
it  shall  be  the  duty  of  any  justice  of  the  peace  in  the  county  in  which  the  offense 
was  committed,  or  in  any  other  county,  where  the  person  complained  of  has  had  or 
has  in  his  or  her  possession  any  bird  or  animal  named  in  this  act,  taken,  killed, 
bought,  sold,  shipped  or  attempted  to  be  shipped  or  transported  in  violation  thereof, 
forthwith  to  issue  his  warrant,  directed  to  the  sheriff  or  in  his  absence  to  any  con- 
stable, commanding  him  to  arrest  the  person  so  charged  and  to  bring  him  forthwith 
before  such  justice  for  trial;  and  if,  upon  such  trial,  the  said  justice  shall  find  that 
the  person  arrested  has  violated  any  of  the  provisions  of  any  section  of  this  act,  and 
such  person  shall  fail  to  pay  forthwith  the  fine  imposed  by  said  justice  in  accordance 
with  the  provisions  of  the  section  violated,  together  with  the  costs  of  prosecu- 
tion, such  person  shall  be  committed  by  said  justice  to  the  custody  of  the  sheriff  for 
thirty  days,  unless  said  fine  and  costs  be  sooner  paid.  Any  Justice  of  the  Peace  in 
this  State,  upon  receiving  proof  of,  or  probable  cause  for  believing  in,  the  conceal- 
ment of  any  birds  or  animals  mentioned  in  this  act,  which  have  been  taken,  killed, 
bought,  sold,  shipped,  or  attempted  to  be  shipped  in  violation  of  any  of  the  provi- 
sions of  this  act,  and  upon  the  complainants  giving  security,  to  be  approved  by  said 
Justice,  for  the  damages  which  the  person  complained  of  may  sustain  in  consequence 
of  the  complaint,  provided  he  shall  be  found  not  to  have  violated  the  law,  shall  issue 
his  search  warrant  and  cause  search  to  be  made  in  any  house,  market,  boat,  car,  or 
other  building,  and  for  that  purpose  may  cause  any  apartment,  chest,  box,  locker, 
crate  or  basket  to  be  broken  open  and  the  contents  examined. 

Funds:  Sec.  12.  That  all  fines  collected  by  any  Justice  of  the  Peace  in  this  State 
under  the  provisions  of  this  act,  and  the  money  paid  to  the  Clerks  of  the  Peace  for 
the  licenses  [for  shipping  for  profit]  issued  in  accordance  with  the  Provisions  thereof, 
except  the  clerk's  fees  for  issuing  the  same,  shall  be  paid  to  the  Secretary  of  the  Dela- 
ware Game  Protective  Association,  to  be  by  him  or  by  said  Association  used  as  pre- 
scribed in  the  act  incorporating  said  Association,  and  for  aiding  in  the  detection  and 
prosecution  of  offences  against  the  provisions  of  this  act. 

Revised  Code,  1893,  chap.  LV,  p.  429. 

Trespass;  Confiscation:  Sec.  16.  If  any  person  or  persons  shall  enter  upon  any 
lands,  not  owned  by  himself,  with  gun  and  dog,  or  with  gun  alone,  for  the  purpose 
of  shooting  any  kind  of  birds  or  game  without  first  obtaining  permission  to  do  so  by 
the  owner  or  occupant,  he  shall  forfeit  and  pay  a  fine  of  five  dollars;  and  if  he  shall 
not  pay  the  said  fine  he  shall  forfeit  his  gun  until  redeemed,  as  hereinafter  provided. 
The  Justice  of  the  Peace  shall  hold  the  said  gun  for  thirty  days,  for  the  purpose  of 
giving  the  owner  time  to  redeem  it  by  paying  the  fine  imposed  by  law;  at  the  expi- 
ration of  said  time  it  shall  be  publicly  sold,  and  so  much  of  the  proceeds  as  is  neces- 
sary shall  be  appropriated  to  the  payment  of  said  fine,  and  the  balance  to  be  returned 
to  the  owner  of  the  gun.     That  all  said  fines  shall  be  paid  into  the  State  Treasury. 


Dl  i   wv  mm        i  LORIDA, 

Laws  of  1901.  chap,  a  16,  1' 
\  n  "I  birdi  mi. i  their  ne*U  and 

ETong&me  birds:  5  rhal  the  Justices  of  the  Peace  in  this  F 

shall  have  plenary  jurisdiction  of  all  offenses  against  the  proi  isioni  of  this  Act,  and 
upon  the  affida\  it  made  that  a  person  li:»-  violated  an}  of  the  provisions  of  thi 
to  forwith  issue  bin  warrant,  directed  to  the  Sheriff  or  to  an}  constable,  commanding 
him  to  arrest  the  person  so  charged  and  to  bring  him  or  her  forthwith  before  such 
Justice  for  trial,  and  if  upon  such  trial  the  said  Justice  Bhall  find  that  the  p< 
arrested  has  violated  any  of  the  provisions  of  anj  Section  of  this  \«t.  and  Buch  per- 
son shall  fail  to  pay  forthwith  the  I'm*'  imposed  by  Baid  Justice,  together  with  costs 
of  prosecution,  such  person  Bhall  be  committed  l»\  said  Justice  for  thirty  days,  unless 
said  tine  and  costs  be  sooner  paid.     Any  lines  collected  bj  any  Justice  of  the  l 
or  constable  of  this  State,  under  the  provisions  of  this  Act.  Bhall  be  forthwith  paid 
by  him  to  the  Treasurer  of  the  Delaware  Audubon  Society. 

DISTRICT  OF  COLUMBIA. 

30  Statutes  at  Large,  p.  1012. 

Chap.  417.  An  An  K«>r  the  protection  of  birds,  preservation  of  mum-,  and  for  the  prevention  of  Its 
luring  certain  closed  seasons  in  the  District  <u'  Columbia. 

Search:  Sb  .  5.  Thai  to  cany  out  the  provisions  of  this  chapter  any  police  officer, 
game  warden  having  police  authority,  or  health  offieer,  in  the  District  of  Columbia, 
with  sworn  information  presented  to  Mich  officer  or  warden,  is  authorized  and 
empowered  to  thoroughly  inspect  any  house,  boat,  market  box,  stall,  cold  storage, 
or  other  place  of  whatever  character  or  kind,  where  he  may  believe  game,  meats,  or 
birds,  as  heretofore  mentioned  in  this  chapter,  may  be  Btored  or  kept;  and  any  pro- 
prietor, agent,  employee,  or  oth<  r  person  refusing  to  permit  such  inspection  shall  be 
deemed  guilty  of  interference  with  the  police,  and  upon  conviction  therefor,  be  lined 
not  more  than  one  hundred  dollars  nor  less  than  twenty-live  dollars,  and.  in  default 
of  Buch  payment,  to  be  imprisoned  in  the  United  States  jail  not  exceeding  six  months. 

Imported  game:  Sec.  B.  That  wherever  in  this  Act  possession  of  any  birds,  fowls, 
or  meats  is  prohibited,  the  fad  that  the  said  birds,  fowls,  or  meat  were  killed  or 
captured  outside  the  District  of  Columbia  shall  constitute  no  defense  for  Buch 
?sion. 

Fee:  SKc.i*.  That  any  officer  or  other  person  securing  the  conviction  of  any  vio- 
lator of  any  of  the  provisions  of  this  Act,  in  the  police  court  or  other  court  of  the 
District  of  Columbia,  shall  receive  one-half  of  any  fine  which  may  be  imposed  and 
paid  for  such  violation,  and  prosecution  shall  he  brought  in  the  name  of  the  I  >istrict 
of  ( lolumbia. 

Aj. proved  March  :;.  L899. 

FLORIDA. 
Laws  of  1905,  chap.  5435,  p.  116. 

Fish  and  Game  wardens:  Sec.  1.  That  there  may  he  in  any  county  of  this 
State  an  officer  whose  title  shall  he  Fish  and  <  lame  Warden.  " 

Appointment;  Removal:  Sec.  2.  That  whenever  a  petition  signed  by  Beventy- 
tive  freeholders  in  any  county  in  this  State  shall  he  presented  to  the  Board  of  County 
Commissioners  of  such  county  praying  that  a  Fish  ami  Game  Warden  he  appointed 

Cl County  commissioners  of  Hillsborough  County  may  appoinl  additional  wardens 
tor  the  county  and  fix  their  compensation,  to  he  paid  from  county  funds.  Law-.  1903, 
chap.  5295. 


156  GAME    COMMISSIONS    AND    WARDENS. 


for  Buch  county,  the  county  ( lommissioners  shall  enter  upon  their  minutes  the  fact  of 
the  presentation  o!  Buch  petition  and  shall  forthwith  request  the  Governor  of  the 
State  to  appoint  such  officer,  and  shall  recommend  some  suitable  person  resident  of 
Bach  county  for  the  office.  Upon  such  request  and  recommendation,  the  Governor 
shall  appoint  a  Fish  and  ( iame  Warden  for  such  county,  who  shall  hold  the  office  for 
two  years,  and  until  his  successor  is  appointed  and  qualified.  Before  entering  upon 
the  duties  of  such  office,  the  person  appointed  thereto  shall  be  required  to  enter  into 
a  bond  with  good  and  sufficient  surety,  or  sureties,  to  the  <  Governor  of  the  State  of 
Florida,  in  the  sum  of  live  hundred  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  the  office  to  which  he  has  been  appointed,  such  bond  to  be  approved 
as  are  the  bonds  of  other  county  officers.  The  Governor  may  at  any  time  remove 
such  officer  for  good  cause;  and  it  shall  be  the  duty  of  the  County  Commissioners  to 
report  to  the  Governor  any  neglect  of  duty  on  the  part  of  such  officer,  and  the  Gov- 
ernor shall  investigate  such  charges,  and  if  satisfied  that  they  are  well  founded,  shall 
cause  suit  to  be  instituted  on  the  bond  of  such  officer  for  the  penalty. 

Duties,  Deputy  wardens:  Sec.  3.  It  shall  be  the  duty  of  the  Fish  and  Game 
Warden  to  see  that  the  laws  for  the  protection  of  fish,  oysters  and  game  in  th 
county  for  which  he  is  appointed  are  observed  and  obeyed  and  to  make  complaint 
to  the  proper  judicial  authority  of  the  county  for  any  infraction  or  violation  thereof, 
and  to  see  that  the  offender  is  prosecuted.  The  Warden  may  appoint  Deputies  in 
convenient  localities  in  the  county  to  assist  him  in  the  enforcement  of  the  laws  fog 
the  protection  of  fish  and  game. 

Powers:  Sec.  4.  The  Wardens  and  deputies  shall  have  power  to  arrest  and  take 
before  a  magistrate,  and  subject  to  trial,  according  to  law,  any  person  violating  any 
of  the  laws  of  the  State  for  the  protection  and  preservation  of  fish  and  game.  And 
the  magistrate  may  order  the  seizure  of  any  of  the  implements  used  by  the  offenders 
in  violation  of  such  law. 

Responsibility:  Sec  5.  Any  fish  and  game  Warden,  or  his  deputy,  who  shall 
fail  to  take  cognizance  and  make  complaint  to  a  magistrate  of  the  violation  of  any  of 
the  laws  for  the  protection  and  preservation  of  fish  and  game  in  this  State  when  the 
same  is  brought  to  his  notice  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars, 
and  in  default  of  payment,  shall  be  imprisoned  in  the  county  jail  for  sixty  days. 

Peace  officers:  Sec  6.  In  any  county  where  no  fish  and  game  Warden  has  been 
appointed,  the  sheriff  shall  perform  the  duties  of  that  office,  provided,  that  nothing 
herein  shall  be  construed  to  relieve  the  sheriff  of  counties  where  fish  and  game 
Wardens  have  been  appointed  from  the  duty  of  arresting  and  bringing  to  trial  the 
violators  of  any  law  of  the  State  for  the  protection  and  preservation  of  fish  and  game, 
but  their  duties  in  such  cases  shall  be  the  same  as  in  the  case  of  violation  of  any 
other  criminal  law  of  the  State. 

Compensation:  Sec  7.  The  compensation  of  the  fish  and  game  Warden  shall 
prescribed  by  the  County  Commissioners  of  the  county  for  which  he  is  appointed] 
and  shall  be  paid  by  such  county.  Provided:  That  in  no  case  shall  the  amount  paid 
exceed  sixty  dollars  per  month. 

Approved  May  20,  1905. 

Laws  of  1903,  chap.  5293,  p.  293. 

AN  ACT  To  Regulate  the  Hunting  of  Deer,  Turkey,  and  other  Wild  Game  in  LaFayette  County. 

Arrest  without  warrant:  Sec  1.  *  *  *  Trials  for  violation  of  this  act  shall  be 
before  the  county  judge  or  justice  of  the  peace;  and  the  game  wardens  of  such 
county  are  hereby  authorized  and  required  to  arrest  without  warrant  any  person 
violating  the  provisions  of  this  act  and  to  take  him  forthwith  before  the  nearest 
justice  of  the  peace  or  county  judge  to  be  dealt  with  according  to  law. 


FLORIDA      OEORJ  1     . 

Wardens   for   L.-iFiiytt-    County  all   be  appointed  b 

riior    ujH.n    tin-    passage    of  thi.-    art     in   said    roimt)     ol    I 

ens  who  shall  hold  office  for  foar  years  or  until  theii  appointed 

an. I  qualified  whose  duty  it  shall  be  to  see  to  it  that  the  provisions  of  this  ad  and 
unv  other  game  laws  are  complied  with.  Tin-  amounts  collected  for  the 

privilege  of  hunting  in  Buch  county  under  the  provisions  of  Section  one  shal 
and  belong  to  tin-  game  warden  collecting  tin-  same. 

Laws  of  1903,  chap.  5i>M,    p.  244. 

License  fees:  Sbc.  6.  [As  amended  by  Laws  oi  L906,  chap.  5427.  Nbn-citizei 
quired  t"  procure  license  from  the  ( Ilerk  of  tin-  (  ircuit  ( iourl  of  1 1 1 •  -  (  ounty  in  \\  hich 
they   intend   to  hunt,  fee  110.00.]    Thai  all  money  collected  as  provided  for  in 
this  Bection  shall  be  paid  by  tin-  clerk  to  the  county  treasurer  and  shall  be  applied 
to  paying  the  fees  or  -alary  of  the  game  warden  for  said  county;    Provided,  Thai 
in  any  county  where  there  is  no  game  warden,  then  all  money  collected  a-  pro- 
vided for  in  this  Bection  shall  be  j >:ii« i  by  the  clerk  to  tin-  county  treasurer  for  ti. 
of  the  fine  and  forfeiture  fund.    *    *    *    Provided,  That  the  provisions  of  tl 
shall  not  apply  to  counties  having  special  game  laws. 

Informers:  Ski.  7.  That  any  person  making  affidavit  giving  information  sufficient 
to  convict  another  for  violating  any  of  the  provisions  of  this  ad  shall  be  entitled  to 
and  shall  receive  one-half  of  the  fine  so  imposed  and  collected,  if  informant  be  the 
warden;  any  other  shall  receive  one-third  of  such  lint-. 

Laws  of  1903,  chap.  5295. 

Hillsborough  County:  Sbc.  1.  [Authorised  county  commissioners  to  appoint  a 
sjame  warden  for  Hillsborough  County.] 

Laws  of  1905,  chap.  5576,  p.  414. 

an  act  To  Further  Protect  Wild  Deer  and  Wild  Turkey*  in  the  County  oi  Polk,  :m<l  Provide  a  Game 

Warden  Therefor. 

Warden  for  Polk  County:  Sbc.  3.  The  Governor  shall  upon  the  passage  of  this 
Art.  and  every  two  years  thereafter,  appoint  some  lit  and  proper  person  Game  War- 
den for  Baid  County  of  Polk  who  -hall  have  authority  to  enforce  the  game  and  fish 
laws  of  said  State  and  the  provisions  of  this  Act  in  said  County  of  Polk,  and  to  ap- 
point sufficient  deputies  for  said  purpose.  Said  Game  Warden  shall  be  entitled  to 
one-half  the  fine3  and  forfeitures  arising  from  convictions  of  violator.- of  tin-  game 
and  fish  laws  in  Baid  county. 

Laws  of  1907,  chap.  . 

Warden  for  Hernando  County:  [The  legislature  of  L907  passed  an  act  author- 
ising the  appointment  of  awarden  for  Hernando  County,  but  the  text  of  th< 

was  not  available  in  time  for  incorporation  in  this  bulletin.] 

GEORGIA,  a 
Laws  of  1903,  No.  447,  p.  102. 

Prima  facie  evidence:  Sec.  9.  *  *  *  That  in  all  cast-  of  arrests  made  for  the 
violation  of  any  of  the  provisions  of  this  Act,  the  possession  of  game  or  fish  or  of  the 
:  birds  protected  by  this  Act,  shall  be  deemed  and  held  to  be  prima  facie  evi- 
denre  of  the  violation  of  the  provisions  of  this  Act 

Wardens;  Deputy  wardens:  Sec.  10.  Be  it  enacted  by  the  authority  aforesaid, 
That  whenever  fifty  freeholders  of  any  County  shall,  by  petition  so  request,  the 
Judge  of  the  Superior  Court  shall  appoint  by  order  upon  the  minutes  of  the  Court 
some  citizen  of  said  County  who  is  a  qualified  voter  thereof  as  Game  Warden  foi 


"  Laws  of  1907  not  received. 


158  GAME    COMMISSIONS    AND    WARDENS. 

County,  which  appointment  shall  be  for  two  years  or  until  his  successor  is  appointed 
and  qualified.  [Warden  must  take  the  oath  to  perform  his  duties.]  Sai< I  Warden 
may  be  removed  from  office  at  any  time  by  the  said  Judge  upon  complaint  being 
made  and  satisfactory  proof  submitted  of  failure  to  discharge  his  official  duties.  Said 
Warden  shall  appoint  in  each  Militia  District  in  the  County  for  which  he  is  Warden, 
a  Deputy  Warden,  who  shall  be  a  qualified  voter  thereof,  and  who  shall  qualify  in 
the  same  manner  as  the  Game  Warden.  *  *  *  Said  Deputy  shall  be  appointed 
for  two  years,  but  may  be  removed  at  any  time  by  said  Warden,  said  Deputy  Warden 
shall  be  charged  generally  with  the  duty  of  enforcing  the  laws  for  the  protection  of 
game  birds  or  animals,  and  such  other  birds  as  are  protected  by  the  laws  of  this 
State,  and  also  the  Jaws  for  the  protection  of  fish.  They  are  empowered  to  make 
arrests  of  all  persons  found  in  the  act  of  violating  said  laws  and  to  exercise  the  same 
ministerial  duties  as  Sheriffs  in  the  arrest  of  all  persons  charged  by  one  with  the  vio- 
lation of  said  law.  Said  Warden  and  Deputy  shall  receive  the  same  costs  and  fees 
as  Sheriffs  of  this  State  for  similar  service,  in  the  arrest  and  trial  of  persons  con- 
victed under  the  provisions  of  this  Act.  And  in  addition  thereto,  one  half  of  all  fines 
imposed  in  such  cases  when  paid  by  the  defendant,  provided  the  Warden  shall  satisfy 
the  Judge  trying  the  same  that  the  detection  or  conviction  in  such  cases  is  principally 
the  result  of  official  diligence  on  his  part.  All  vacancies  in  the  office  of  Warden  shall 
be  filled  by  the  Judge  of  the  Superior  Court  as  provided  in  this  Act,  and  vacancies 
for  Deputy  Warden  by  said  Warden. 

Charge  to  grand  juf-y:  Sec  11.  Be  it  further  enacted  by  the  authority  aforesaid, 
That  the  Judges  of  the  Superior  Courts  of  this  State  be,  and  they  are  hereby  required 
to  give  the  provisions  of  this  Act  in  special  charge  to  the  Grand  Jury  at  each  regular 
term  of  said  Courts. 

Approved  August  17,  1903. 

Laws  of  1903,  No.  346,  p.  99. 

Nongame  birds;  wardens;  charge  to  grand  jury:  Sec.  8.  Be  it  further 
enacted  by  the  authority  aforesaid.  That  the  Judges  of  the  Superior  Courts  of  the 
several  Counties  of  this  State  are  authorized  to  appoint  one  or  more  Wardens  whose 
duties  it  shall  be  to  enforce  the  provisions  of  this  Act,  [for  the  protection  of  nongame 
birds]  and  who  shall  have  the  same  power  to  make  arrests  for  violation  of  this  Act 
as  the  Sheriffs  of  this  State,  and  that  the  compensation  of  such  wardens  shall  be  one 
half  of  the  fines  and  forfeitures  imposed  by  the  Court  and  paid  by  the  violators,  the 
other  half  to  be  paid  to  the  School  fund  of  the  County  in  which  the  arrests  are  made. 
The  Judges  of  the  Superior  Court  shall  give  the  provisions  of  this  Act  in  special 
charge  to  the  Grand  Jury  at  each  regular  term  of  the  Court. 

Approved  August  15,  1903. 

IDAHO. 
Laws  of  1905,  page  257. 

State  Warden;  Sec  1.  [As  amended  by  Laws  of  1907,  p.  112.]  The  Governor 
shall  appoint  a  suitable  person  to  serve  as  State  Fish  and  Game  Warden,  whose  duty 
it  shall  be  to  protect  the  fish  and  game  of  this  state,  and  to  enforce  the  laws  relating 
thereto.  The  State  Fish  and  Game  Warden  shall  hold  his  office  for  the  term  of  two 
years  or  until  his  successor  is  appointed  and  qualified. 

Before  entering  upon  his  duties  the  State  Fish  and  Game  Warden  shall  execute  a 
bond  to  the  State  of  Idaho  in  the  penal  sum  of  five  thousand  dollars  ($5,000)  con- 
ditioned for  the  faithful  performance  of  his  duties,  and  his  bond  shall  be  approved 
by  the  Governor.  The  Governor  shall  have  power  at  any  time  to  remove  the  State 
Fish  and  Game  Warden,  at  pleasure,  for  misconduct  or  neglect  of  his  duties,  and  the 
Governcr  shall  be  the  exclusive  judge  of  misconduct  or  neglect  of  duties  and  shall 


tDAHO.  L59 

upon  removal  appoint  a  sue©  seoi  I  he  State  I  lame  Warden  la  hereby  authorized  to 
■  without  warrant,  am  |>erson  or  persona  found  violating  an)  of  the  provision! 
of  the  fish  uiui  game  laws,  when  detected  in  the  act,  or  found  with  Ash  or  game  in 
their  possession,  at  the  time  >>i  their  am 

The  State  I  isli  and  <  lame  Warden  Bhall  be  an  active  executive  officer,  and  shall  at 
all  ti  the  field  in  person  in  the  performance  of  his  duties  when  possible. 

A  ii- 1  si  nil  [»!-,.  i  iall\  sujiervise  the  protection  of  all  game  and  fish  protected  under  this 
■I  1*»  energetic  in  the  detection  and  punishment  of  the  violators  of  the  fish  and 
game  laws,  and  shall  make  quarterly  report  to  the  t  iovernorof  the  State  of  his  doings 
under  this,  aet  l>eginning  with  the  first  day  of  April  and  shall  keep  the  Governor 
informed  of  his  \\  hereabouts,  and  shall  make  a  biennial  report  to  the  Governor  and 
the  doings  and  conditions  of  his  office,  which  report  shall  be  made 
during  the  first  week  of  the  regular  session  of  the  Legislature. 

It  Bhall  be  lawf  1  for  the  State  Fish  and  Game  Warden,  or  any  person  appointed 
by  him  in  writing  so  to  do,  to  take  li-h  and  game  of  any  kind,  dead  or  alive,  or  in 
any  manner,  under  the  direction  of  the  State  Fish  and  Game  Warden,  for  the  pur- 
of  inspection,  cultivation,  propagation,  distribution,  scientific  or  other  purposes 
deemed  by  him  to  be  in  the  interest  of  the  fish  and  game  industry  of  the  State.  He 
■hall  make  a  detailed  report  of  his  official  transactions,  including  the  number  and 
kinds  of  fish  distributed  and  the  locality  and  names  of  streams,  ponds  or  lakes  where 
thesame  have  been  placed,  and  submit  such  report  to  the  legislature  during  the  first 
-  i  if  its  ensuing  regular  session. 

Deputy  warden;  Clerk:  Sec.  2.  [As  amended  by  laws  of  L907,  p.  112.]  The 
Mate  Fish  and  Game  Warden  shall  have  power  to  appoint  BUCh  deputies  as  are  aeces- 
in  the  various  counties  of  this  State  to  properly  enforce  the  laws;  and  he  is 
hereby  authorized  to  appoint  one  chief  deputy  and  two  assistants,  and  one  or  more 
deputies,  as  the  emergency  may  demand,  in  any  county  of  this  State,  whenever  he  shall 
ve  from  such  county  a  petition  signed  by  ten  or  more  resident  tax  payers, 
asking  for  the  appointment  of  such  deputy  game  warden.  And  such  chief  deputy 
ami- assistants  shall  each  execute  a  bond  to  the  State  of  Idaho  in  the  penal  sum  of 
iit.OO.  conditioned  for  the  faithful  performance  of  their  duties,  and  such  other 
deputy  wardens  shall  execute  a  bond  to  the  State  of  Idaho  in  the  penal  sum  of 
$500.00,  conditioned  for  the  faithful  performance  of  their  duties,  and  they  shall  have 
thesame  power  to  make  arrests  as  the  state  Fish  and  Game  Warden.  Their  com- 
missions  may  be  revoked  at  any  time  by  the  State  Fish  and  Game  Warden.  The 
State  Fish  and  Game  Warden  shall  file  with  the  Governor  a  list  of  all  deputy  game 
wardens  appointed  by  him.  He  shall  have  further  power  to  appoint  one  clerk,  who 
Bhall  have  charge  of  the  office  and  perform  the  clerical  duties  thereof.  Such  clerk 
shall  execute  a  bond  to  the  State  of  Idaho  in  the  penal  sum  of  13,000.00  conditioned 
for  the  faithful  performance  of  his  duties. 

Production  of  license:  Sec.  8.  [As  amended  by  laws  of  1907,  p.  112.  Requires 
a  licensee  to  produce  his  license  for  inspection  by  the  State  warden  or  any  of  his 
deputies  upon  request.] 

Peace  officers;  Search;  Arrest;  Expenses:  Six.  12.  It  is  hereby  made  the  duty 
Of  the  State  fish  and  game  warden  and  all  deputies  appointed  under  the  provision  of 
this  act.  and  every  sheriff,  deputy  sheriff,  city  marshal,  constable  and  police  officers 
Within  their  respective  jurisdictions  in  the  State  of  Idaho,  to  enforce  all  the  pro- 
visions of  this  act,  and  all  laws  for  the  protection  of  fish  and  game;  and  such  sheriff, 
deputy  sheriff,  constable,  city  marshal,  police  officers  and  each  of  them  by  virtue  of 
their  election,  or  appointment,  are  hereby  created  and  constituted  ex  officio  fish  and 
game  wardens  for  their  respective  jurisdictions;  and  they  and  each  of  them  and 
each  and  every  fish  and  game  warden  appointed  under  the  provisions  of  this  act, 
shall  have  authority,  and  it  shall  be  their  duty,  to  inspect  all  depots,  cars,  ware- 
houses, cold  storage  rooms,  storerooms,  hotels,  restaurants,   market-,  and   all  pack- 


L60  GAME    COMMISSIONS    AND    WARDENS. 

ag<  -  and  boxes  held  either  for  storage,  shipment  or  Bale  which  they  shall  have  reason 
to  believe  contain  evidence  of  the  violation  of  this  act,  and  each  of  said  officers  shall 
have  power  and  is  hereby  authorized  to  search  the  tent-,  wagons,  camps  or  packs  of 
any  person  or  persons  in  this  State  when  they  shall  have  good  rea«on  to  believe  that 
such  person  or  persons  have  in  their  possession  any  game  animals,  birds  or  fish 
taken  in  violation  of  any  of  the  provisions  of  this  act,  with  or  without  a  search 
warrant. 

Any  officer  authorized  to  enforce  the  fish  and  game  laws  of  this  State  shall  have 
power,  and  it  is  hereby  made  his  duty  to  arrest  all  persons  violating  any  of  the  pro- 
visions of  this  act  and  cause  such  persons  to  be  taken  before  the  proper  court  for 
examination  or  trial  as  provided  by  law,  either  with  or  without  a  warrant. 

All  necessary  expenses  incurred  in  transporting  and  keeping  a  prisoner  arrested 
under  this  act,  shall  be  paid  out  of  the  State  fish  and  game  fund  upon  the  sworn 
statement  of  the  deputy  warden  making  the  arrest  approved  by  the  State  game 
warden  and  if  arrested  by  the  State  game  warden  upon  his  sworn  statement. 

Arrest  without  warrant:  Sec.  15.  It  is  hereby  made  the  duty  of  the  State 
game  warden  and  his  deputies  to  see  that  all  the  provisions  of  this  act  are  enforced 
and  are  hereby  given  authority  to  arrest  without  a  warrant  any  person  or  persons 
found  violating  the  same. 

Seizure:  Sec.  18.  [As  amended  by  Laws  of  1907,  p.  112.]  Any  person  who  shall 
have  in  his  possession  any  game,  fish  or  birds  taken  unlawfully  is  guilty  of  a  misde- 
meanor.    *     *     * 

Any  game  warden,  sheriff,  constable  or  other  officer  of  the  law  may  at  any  time 
seize  and  take  into  his  custody  any  game  or  fish  or  any  portion  of  the  same,  which 
he  may  find  at  any  time  in  the  possession  of  any  person,  company  or  corporation 
during  the  time  the  killing  of  such  game  or  fish  is  not  permitted  by  the  laws  of  this 
State.     *     *    * 

Prosecution:  Sec.  20.  All  actions  brought  for  violation  of  the  provisions  of 
this  act  shall  be  in  the  name  of  the  State  of  Idaho  and  shall  be  prosecuted  by  the 
county  attorney  for  the  county  in  which  said  action  is  commenced.  And  the  justice 
of  the  peace  or  court  trying  such  action  shall,  in  all  cases  of  conviction  under  this 
act,  whenever  any  fine  is  imposed,  order  as  part  of  the  judgment  of  the  court  that 
the  offender  shall  be  committed  to  jail  there  to  remain  until  said  fine  and  costs  are 
fully  paid  or  otherwise  lt'gally  destroyed. 

License  fees:  Sec  21.   [License  fees  constitute  part  of  the  fish  and  game  fund.] 

Salaries  of  wardens:  Sec  23.  [As  amended  by  Laws  of  1907,  p.  112.]  The  State 
Fish  and  Game  Warden  shall  receive  as  full  compensation  for  salary  the  sum  of 
eighteen  hundred  dollars  (81,800.00)  per  annum,  and  one  thousand  dollars  (81,000.00) 
per  annum  for  traveling  expenses.  The  chief  deputy  shall  receive  as  compensation 
twelve  hundred  dollars  (81,200.00)  per  annum  and  shall  be  allowed  actual  and 
necessary  traveling  expenses  not  to  exceed  six  hundred  dollars  (8600.00)  per  annum. 
And  each  assistant  shall  receive  one  thousand  dollars  ($1,000.00)  per  annum  and 
actual  and  necessary  traveling  expenses  not  to  exceed  six  hundred  dollars  (8600.00). 
The  clerk  to  the  State  Fish  and  Game  Warden  shall  receive  a  salary  of  one  thousand 
dollars  (81,000.00)  per  annum  as  full  compensation  for  his  services.  The  State  Fish 
and  Game  Warden,  chief  deputy  and  two  assistants  and  the  clerk  shall  be  paid 
monthly  on  the  first  of  each  month  out  of  the  public  treasury.  And  the  chief  deputy, 
two  assistants  and  the  clerk  shall  be  paid  upon  their  sworn  statements,  which  accounts 
shall  be  approved  by  the  State  Game  Warden.  All  other  deputy  wardens  shall  each 
receive  as  compensation  the  sum  of  three  dollars  (83.00)  per  day  for  each  day  actually 
employed,  but  shall  not  be  entitled  to  receive  any  traveling  or  other  expenses, 
except  when  he  is  sent  out  of  his  district  and  such  expenses  shall  be  subject  to 
approval  by  the  State  Game  Warden,  and  shall  not  receive  pay  for  more  than  one 
hundred  and  fifty  days'  in  one  year;  such  compensation  to  be  paid  out  of  the  public 


IDAHO       ILLINOIS.  1  '•  1 

iry  u|h»h  the  sworn  account  of  the  deputy,  which  Recount  shall  be  approve* 
the  State    1  i-li  and  (iame  Warden,  and  forwarded  to  the  State  Audit  >i     /' 
That  aa  8tx»n  as  Hutru-ient  funds  are  accumulated  in  the  State  flnh  and  game  fund  in 
tin-  hands  of  the  State  Treasurer,  the  salary  of  the  State  Game  Warden  and  the 

I  tlu-  deputy  wardens  and  rlerk  Bhall  he  paid  out  of  thai  fund. 
Fines:  Sb    24.  Upon  the  arresl  and  conviction  of  any  person  or  persons  for  viol 
•  the  provisions  of  the  fish  and  name  laws  of  this  State  the  whole  of  tin-  fine  when 
collected  shall  f>e  |>aid  to  the  deput)  fish  and  game  warden  on  the  first  day  of  each 
month  and  shall  on  the  loth  .l.i\  of  each  month  be  remitted  to  the  State  fish  and 
warden  ami  on  the  1 5th  day  of  each  month  be  remitted  by  the  State  fish  and 
warden  to  the  State  Treasurer  and  shall  by  the  State  Treasurer,  be  placed  to 
the  credit  <>i  the  state  Fish  and  <  lame  Fund. 
Peace  officers;  Arrest:  Sec.  25.   Any  fish  and  game  warden  appointed  under  the 
-nns  of  this  act,  and  any  sheriff,  deputy  sheriff,  constable,  city  marshal,  or 
police  officer  may  without  warrant  arrest  any  person,  by  him  found  violating  any  of 
the  provisions  of  this  act,  and  take  such  person  therefor  before  a  justice  <>f  the  peace, 
probate  or  municipal  judge  having  jurisdiction,  who  shall   without  delay  try  and 
•mine  the  matter  and  enter  judgment  according  to  the  allegations  and  proof. 
Neglect  of  duty:  Se<  .  28.   Any  officer,  under  the  provisions  of  this  act,  whose 
duty  it  is  to  enforce  this  law  shall  be  guilty  of  a  misdemeanor  who  neglects  or  re 

rform  any  of  the  duties  required  to  be  performed  by  him  under  any  of  the  pro- 

this  act. 

Appropriation:  Sec.  28.   [As  amended  by  Laws  of  1907,  p.  112.]  There  is  hereby 

priated  all  of  the  money  now  standing  to  the  credit  of  the  state  fish  and  game 

fund  and  all  moneys  which  may  be  received  during  the  coming  two  years  under  the 

provisions  of  this  act,  for  the  purpose  of  paying  the  salaries  of  the  various  officers 

provided  by  this  act,  and  for  paying  the  traveling  expenses  provided  for  in  this  act 

and  for  the  expenses  of  the  office  of  the  State  Fish  and  Game  Warden,  and  for  the 

purpose  of  importing,  propagating  and  protecting  fish  and  game.     *    *    * 

ILLINOIS. 

Laws  of  1903,  p.  206. 

State  game  commissioner;  Deputy  wardens:  [Sec]  16.  [As  amended  by 
-  if  1907.]  In  order  that  the  provisions  of  this  act  maybe  more  fully  carried 
out,  the  Governor  of  the  state  shall  appoint  one  State  Game  Commissioner,  whose 
term  of  office  shall  be  for  the  period  of  incumbency  of  the  <  rovernor  appointing  him 
or  until  his  -  ?sor  is  appointed,  whose  duty  it  shall  be  to  secure  the  enforcement 
of  all  the  statute-  of  the  >tate  for  the  preservation  of  game  and  birds,  or  bring  or 
to  be  brought,  actions  and  proceedings  in  the  name  of  the  People  of  the  state 
of  Illinois,  to  recover  any  and  all  fines  and  penalties  provided  for  in  such  laws  relat- 
ing to  game  and  birds,  and  to  prosecute  all  violators  of  said  Btatutes.  The  state 
Commissioner  is  empowered  to  appoint,  by  and  with  the  approval  of  the  Gov- 
ernor, sixteen  game  wardens,  who  shall  have  no  other  employment  or  business. 
They  shall  devote  their  entire  time  to  the  work  of  game  protection,  and  shall  travel 
over  the  state  in  all  seasons  for  this  purpose,  under  the  direction  of  the  state  Game 
Commissioner.  Such  appointments  shall  be  for  efficient  service  only,  and  regardless 
of  political  influence.  The  State  Game  Commissioner  is  also  authorized  to  appoint 
one  or  more  (and  not  to  exceed  three  deputy  game  wardens  for  each  county  of  the 
State,  and  as  many  special  deputy  game  wardens  as  in  hi<  opinion  is  necessary  for  the 
proper  enforcement  of  the  law.  They  shall  have  authority  with  the  state  I  lame  ( lom- 
missioner  in  the  enforcement  of  the  game  laws  of  the  state,  relative  to  game  and  birds 
throughout  the  State,  and  shall  be  immediately  responsible  to  the  State  Game  I 


162  GAME    COMMISSIONS    AND    WARDENS. 

missioner  and  shall  report  to  and  receive  their  instructions  from  him.  Such  game 
wardens  and  deputy  game  wardens  shall  he  subject  to  removal  by  the  State  Game 
( !om  missioner  at  any  time. 

Powers;  Duties;  Peace  officers;  Seizure:  [Sbc.]  17.  Such  State  Game  Com- 
missioner, game  warden,  and  their  deputies  shall  have  full  power  to  execute  and 
serve  all  warrants  and  processes  of  law  issued  by  any  justice  of  the  peace  or  police 
magistrate,  or  by  any  court  having  jurisdiction  under  the  law  relating  to  the  gamel 
in  the  same  manner  as  any  constable  may  serve  and  execute  such  process,  and  may 
arrest  on  sight  and  without  warrant,  any  person  detected  by  them  actually  violating 
any  oi  the  provisions  of  the  laws  of  the  State  relating  to  game  and  birds,  and  may 
take  such  person  so  offending  before  any  court  having  jurisdiction  of  the  offense,  and 
make  proper  complaint  before  such  court,  which  shall  proceed  with  the  case  in  the 
manner  and  form  provided  by  law  for  misdemeanor.  It  shall  further  be  the  duty  of 
such  State  <  lame  Commissioner,  game  wardens  or  their  deputies,  upon  receiving  any 
information  that  any  law  relative  to  game  and  birds  has  been  violated,  to  immedi- 
ately cause  a  thorough  examination  of  such  complaint  to  be  made,  and  to  cause  pro- 
ceedings to  be  instituted  if  the  proof  at  hand  warrant;-:  and  all  sheriffs,  deputy 
sheriffs,  coroners  and  police  officers  of  the  State  are  hereby  declared  to  be  ex  officio 
deputy  game  wardens  and  it  shall  be  the  duty  of  each  and  every  one  of  them  to 
assist  the  State  Game  Commissioner,  game  wardens  and  their  deputies  in  the  enforce- 
ment of  the  State  game  laws  the  same  a-  it  is  their  duty  to  assist  in  the  enforcement 
of  other  laws,  and  such  State  Game  Commissioner,  game  wardens  and  deputy  game 
wardens  shall  seize  on  sight,  without  process,  any  game  found  in  the  possession  of 
any  person  or  corporation  which  is  so  in  possession  contrary  to  law. 

Compensation;  Expenses;  Propagation:  [Sec]  18.  [As  amended  by  Laws 
of  1907.]  Such  State  Game  Commissioner  shall  receive  a  salary  of  twenty-five 
hundred  dollars  per  year,  and  his  actual  expenses  and  disbursements  while  traveling 
in  the  line  of  his  duties.  He  shall  also  be  allowed  such  printing,  stationery,  postage, 
office  rent,  office  furniture  and  supplies,  clerical  and  other  assistance,  not  to  exceed 
ten  employes,  as  is  necessary  to  enable  him  to  properly  perform  the  duties  of  State 
Game  Commissioner  and  carry  out  the  provisions  of  this  act.  The  game  wardens 
provided  for  in  this  act  shall  receive  nine  hundred  dollars  per  annum,  payable 
monthly.  In  addition  to  the  salary  per  annum  provided  for,  such  game  wardens 
shall  receive  their  actual  and  necessary  expenses  incurred  while  working  under  the 
direction  of  the  State  Game  Commissioner.  The  deputy  game  wardens  appointed 
for  any  county  shall  receive  a  per  diem,  when  actually  employed,  not  exceeding  two 
dollars  per  day  and  necessary  traveling  expenses,  to  be  fixed  by  the  State  Game 
Commissioner.  Special  game  wardens  appointed  under  this  act  shall  serve  without 
pay,  except  that  they  shall  receive  one-half  of  all  fines  recovered  for  violations  of 
this  act  in  cases  where  they  have  filed  the  complaint.  The  deputy  game  wardens 
shall  also  receive  one-half  of  all  fines  recovered  for  violations  of  this  act.  in  cases 
where  they  file  the  complaint;  the  remaining  one-half  of  the  fine  to  be  paid  into  the 
State  game  protection  fund.  And  in  cases  where  the  violator  does  not  pay  a  fine, 
but  is  committed  to  jail,  said  deputy  and  special  game  wardens  shall  be  reimbursed 
for  their  actual  expenses;  but  such  expenses  shall  not  be  paid  in  any  case  other  than 
game  cases  or  cases  relating  to  license.  Should  the  State  game  protection  fund  become 
exhausted  during  any  year,  the  State  Game  Commissioner  shall  have  the  power  and 
authority  to  suspend  any  number  or  all  game  wardens  or  deputies  until  such  fund  is 
again  replenished.  Should  at  any  time  a  surplus  accumulate  in  the  State  game  pro- 
tection fund,  over  and  above  the  amount  necessary  for  the  operating  expenses  of  the 
department,  the  State  Game  Commissioner  shall  have  the  power  and  authority  to  use 
such  surplus  for  the  purchase  and  propagation  of  quail,  prairie  chicken,  pheasants 
and  other  game  birds  and  animals,  for  the  purpose  of  restocking  sections  of  the  State 
in  which  there  exists  a  scarcity  of  the  above  mentioned  game  birds,  and  for  exter- 


i  i.i.i  \(»i>.  It'.:; 

hi  mat  mil:  crows  and  haw  k-.     All  moneys  used  for  the  payment  of  sal 

other  disbursements  mentione  I  in  this  section,  including  the  salary  of  the  - 
i  .iii-i.  shall  !'<•  taken  from  and  charged  t"  tl  uue   protection 

inn. I,  and  the  Auditor  of  Public  Iccounta  is  hereby  authorized  ami  direi  ted  t"  draw 

nits  for  the  same  11 1 ». »n  tli.-  presentation  of  proper  vouchers  certified  to  by  the 
i     inuiissioner  and  approved   by  the  Governor,  and  the  State  Treasurer 
>hall  pay  the  same  out  of  the  State  game  protection  fund. 
Bearch      S  i    ]  L9,  It  said  State  Game  Commissioner,  game  wardens  and  depu- 

•  r  either  of  them,  has  reason  t<>  believe,  <»r  does  believe,  that  anj  person  • 
{...ration  has  in  his  or  their  possession,  contrary  to  law,  any  game,  deer,  wild  foa  1  <-i 
bird,  it  .-hall  be  the  duty  of  such  game  commissioner,  game  wardens  or  deputii 
go  before  an 3  justice  of  the  peace  in  the  county  and  make  affidavit  to  that  fact;  Baid 
Justice  shall  thereupon  issue  a  Bearch  warrant  against  the  person  or  corporation  so 
complained  of,  directed  to  any  constable  of  the  county,  commanding  him  to  proceed 
at  once  and  search  for  Baid  game,  deer,  wild  foa  1  or  bird,  and  upon  finding  the  same 

.  e  and  take  possession  of  the  same  and  keep  it  until  further  ordered  by  the 
justice;  said  constable  shall  also  read  said  warrant  to  the  owner  or  person  in  whose 

ssion  said  game,  deer,  wild  fowl  or  bird  is  found.  Said  warrant  shall  be  sub- 
stantially as  folli  >a  b: 

M  \li:    OF   111  IN018, 

Count)  .  1 

To  any  constable  of  said  county,  greeting: 

You  are  hereby  commanded  to  search  I  here  describe  place),  seize  and  take  p 
sion  of  and  hold  any  game,  wild  fowl  or  bird  found  there.  And  you  (here  name 
owner  or  person  <>r  corporation  in  whose  possession  game  is  found  I  are  hereby  n«>ti- 
fied  to  appear  before  me  at  my  office  in  (here  locate  office)  on  (here  state  time  of 
trial,  and  show  cause  why  the  game,  deer,  wild  fowl  or  birds  should  not  be  sold  and 
the  proceeds  thereof  distributed,  as  required  by  law. 

-  ..'Mature  of  Just  L< 

Justice  of  the  Peace. 

1  >ate  of   warrant. 

Hearing:  [Sec.]  20.  At  the  time  mentioned  in  said  warrant  said  justice  shall  pro- 
ceed to  hear  and  determine  whether  said  game,  deer,  wild  fowl  or  bird  was  in  the 
ssion  of  the  person  or  corporation  contrary  to  law,  and  if  said  justice  tin. Is  that 
said  game,  d.-er.  wild  fowl  or  bird  was  in  the  possession  of  the  defendant  contrary  to 
law.  then  said  justice  shall  enter  judgment  against  the  defendant  and  order  a  sale  of 
the  game,  deer,  wild  fowl  or  bird  seized:  but  if  said  justice  shall  find  that  the  pos- 
:i  of  said  game,  deer,  w  ild  f.>w  I  or  bird  was  not  contrary  to  law .  then  the  judg- 
ment of  the  court  shall  be  that  the  same  bo  returned  to  the  person  or  corporation 
from  whom  the  same  was  taken. 

Sale:  [Sec.]  21.  In  case  of  a  judgment  and  order  of  sale,  as  specified  in  section  20, 
the  said  constable  shall  at  once  post  two  notices,  one  at  the  justice's  officeand  one  at  the 
place  of  sale,  specifying  in  each  notice  the  time  and  place  of  sale— not  less  than  live 
hours  from  the  date  of  judgment — also  a  description  of  the  game,  deer  or  wild  fowl 
to  bo  sold;  said  pla.e  of  sale  shall  be  upon  the  principal  produce  street  or  market  of 
the  city:  said  constable  shall,  at  the  time  and  place  mentioned  in  said  notices 

game,  deer,  wild  fowl  or  bird  at  public  auction  to  the  highest  bidder,  for  cash, 
and  at  once  pay  the  proceeds  of  BUCh  sale  into  the  justice's  court:  said  constable 
shall  give  to  the  purchaser  a  certificate  of  purchase,  in  which  shall  be  a  particular 
d.  Bcription  of  the  game  sold,  together  with  the  date  of  sale. 

Proceeds:  [Sec.]  22.  Said  justice  shall,  as  soon  a-  the  proceeds  of  sale  are  paid 
into  his  court,  deduct  the  amount  of  his  costs,  together  with  the  constable' 8 
and  distribute  the  balance  as  follows:  One-half  shall  be  paid   to  the  game  warden  or 
deputy  making  the  complaint,  which  shall  be  kept  by  him  for  his  services,  and  one- 
half  paid  into  the  State  treasury  at  once,  for  the  benefit  of  the  game  protection  fund. 

Reports:    [Sec]  23.  [As  amended  by  Laws  of  1905,  p.  273.]    Said  State  Game 
4358— Ni  >.  28— <  »T 12 


164  GAME    COMMISSIONS   AND    WARDENS. 

Commissioner  shall  make  an  annual  report  to  the  Governor,  which  shall  include  the 
reports  of  the  game  wardens  and  deputy  wardens,  showing  the  number  and  kind  of 
game,  deer,  wild  fowl  and  birds  seized,  and  what  disposition  was  made  of  them,  and 
the  amount  of  proceeds  of  sale.  Said  reports  shall  also  contain  a  statement  of  all 
moneys  received  from  all  sources  and  a  statement  of  all  disbursements  of  every  kind. 

Nonliability:  [Sec]  24.  The)  State  Game  Commissioner,  game  wardens  and 
deputy  game  wardens  shall  not  be  liable  for  any  damage  or  costs  sustained  by  any 
person  or  corporations  by  reason  of  the  wrongful  seizure  of  game,  deer,  wild  fowl 
or  birds  under  this  act. 

License  fees;  Action:  [Sec]  25.  [As  amended  by  Laws  of  1907.  Establishes 
resident  and  nonresident  licenses,  limits  bag,  and  number  of  birds  that  may  be 
exported  under  nonresident  license.]  The  license  fees  above  provided  for  shall  be 
paid  by  the  said  clerk  to  the  State  Treasurer  at  the  end  of  each  month,  and  shall 
be  placed  to  the  credit  of  a  fund  to  be  known  as  the  "State  Game  Protection  Fund," 
and  shall  be  disbursed  by  the  State  Treasurer  on  vouchers  certified  to  by  the  State 
Game  Commissioner  and  approved  by  the  Governor,  and  filed  with  the  Auditor  of 
Public  Accounts,  who  shall  draw  his  warrant  therefor  on  the  State  Treasurer.  *  *  * 
And  no  person  to  whom  a  license  has  been  issued  shall  be  entitled  to  hunt,  pursue  or 
kill  game  or  rabbits  in  this  State  without  at  the  time  of  such  hunting,  pursuing  and 
killing  of  game,  he  or  she  shall  have  such  license  in  his  or  her  name  and  upon  his  or 
her  person,  ready  to  exhibit  the  same  for  inspection,  and  such  license  shall  be  void 
after  the  first  day  of  June  next  succeeding  its  issuance.  *  *  *  Any  person  found 
guilty  of  violating  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each  and  every  offense,  and  shall 
stand  committed  to  the  county  jail  until  such  fine  and  costs  are  paid,  but  such  impris- 
onment shall  not  exeeed  thirty  days  for  each  offense;  or  such  person  may  be  pro- 
ceeded against  in  an  action  of  debt  in  the  name  of  the  people  of  the  State  of  Illinois, 
for  the  recovery  of  the  penalty  herein  prescribed. 

Forgery:  [Sec]  26.  Any  person  who  shall  at  anytime  alter  or  change  in  any 
material  manner  or  loan  or  transfer  to  another,  any  license  issued  as  aforesaid,  shall 
be  deemed  guilty  of  forgery,  and,  on  conviction  thereof  shall  be  subject  to  the  pen- 
alties provided  for  the  commission  of  forgery. 

Prosecutions;  State's  attorneys;  Peace  officers;  Fines:  [Sec]  27.  All  prose- 
cutions for  the  violation  of  the  provisions  of  the  act  relating  to  license  shall  be 
brought  by  any  person,  in  the  name  of  the  people  of  the  State  of  Illinois  against  any 
person  or  persons  violating  any  of  the  provisions  of  this  act,  so  far  as  it  relates  to 
licenses,  before  any  court  of  competent  jurisdiction;  and  it  is  hereby  made  the  duty 
of  all  State's  attorneys  to  see  that  the  provisions  of  this  act  are  enforced  in  their 
respective  counties,  and  shall  prosecute  all  offenders  on  receiving  information  of  the 
violation  of  any  of  the  provisions  of  this  act;  and  it  is  made  the  duty  of  all  sheriffs, 
deputy  sheriffs,  constables  and  police  officers  to  inform  against  and  prosecute  all  per- 
sons whom  there  is  a  reasonable  cause  to  believe  are  guilty  of  violating  any  of  the 
provisions  of  this  act;  one-half  of  the  amount  recovered  in  any  penal  action  under 
this  act,  in  so  far  as  it  relates  to  license,  shall  be  paid  to  the  person  filing  the  com- 
plaint in  such  action,  and  the  remaining  one-half  to  the  game  protection  fund;  the 
moneys  for  such  fund  shall  be  by  the  magistrate  or  court  before  whom  the  case  is 
tried,  at  once  transmitted  to  the  State  Treasurer,  and  by  him  placed  to  the  credit  of 
said  fund. 

Hunting  on  another's  lands:  [Sue.]  29.  Any  person  or  persons  violating  section 
28  of  this  act  [prohibiting  hunting  on  land  of  another  without  permission]  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  prosecuted  in  the  name  of  the  People  of 
the  State  of  Illinois,  before  any  justice  of  the  peace,  or  by  indictment,  or  information 
in  any  court  in  the  county  where  such  misdemeanor  was  committed:  Provided,  That 


ILLIN0I8      INDIANA.  1 65 

in  all  rach  prosecutions  the  owner,  or  owners  or  persons  in  ] — esftion  ronndi 

or  lands,  shall  not  be  required  t"  prove  title  to  tin-  grounds  or  lands  in  oontro 
Prima  facie  evidence:  [Sac.]  7.  [Exempts  common  carriers  from  liabilil 

—ion  of  game  inclose  >»•;»-«  >u  when  transporting  it  through  the  State.]  But,  not- 
withstanding this  provision,  the  having  or  being  in  possession  of  any  such  animals, 
wild  fowl  or  birds,  as  are  mentioned  In  section  one  I  I),  upon  any  of  the  days  upon 
which  the  killing,  entrapping,  ensnaring,  netting,  buying,  selling  or  having  in  pos- 
n  any  such  animals,  wild  fowl  or  birds,  shall  be  unlawful  by  the  provisions  of 
thi-  act,  shall  i>e  deemed  and  taken  as  prima  foci*  evidence  thai  the  same  was 
ensnared,  entrapped,  netted  or  killed  in  violation  of  this  act 

Prosecution;  Fines:  [Sec.]  8.  All  prosecutions  under  the  provisions  of  thi 
except  as  other*  ise  herein  provided,  shall  be  brought  by  any  person,  in  the  name  of 
the  People  of  the  state  of  Illinois,  against  any  person  or  persons  violating  an)  of  the 
provisions  of  this  act,  before  any  justice  of  the  peace  of  any  county,  in  which  bucJi 
tion  is  alleged  t<>  have  taken  place  (and  said  justice  maw  on  proper  evidence  of 
guilt,  bind  said  violator  over  to  the  grand  jurj  I,  or  before  any  court  of  competent 
jurisdiction:  and  it  is  hereby  made  the  duty  of  the  State's  attorney  to  see  that  the 
pn.\  isions  of  this  act  arc  enforced  in  their  respective  counties,  and  they  shall  • 
cute  all  offenders  on  receiving  information  of  the  violation  of  any  of  the  provisions 
of  this  act;  and  it  is  made  the  duty  of  sheriffs,  constables  and  police  officers  to  inform 
against  and  prosecute  all  persons  whom  there  is  probable  cause  to  believe  are  guilty 
of  violating  any  of  the  provisions  of  this  act  One-half  of  the  amount  recovered  in 
any  penal  action  under  the  provisions  of  this  act  shall  he  paid  to  the  person  filing 
the  complaint  in  such  action,  and  the  remaining  one-half  to  the  game  protection 
fund. 

Limitation:    [Sec.]  9.   All  prosecutions  under  this  act  shall  he  commenced  within 
six  months  from  the  time  such  offense  was  committed  ami  not  afterwards. 

Fines:  [Sec.]  10.  [As  amended  by  Laws  of  1907.]    *    *    *    The  one-half  of  all 
fines  imposed  and  collected  under  this  act  shall  be  paid  to  tb.3  informer,  and  th< 
ance  shall  be  paid  to  the  game  protection  fund. 

Approved  April  28,   L903. 

INDIANA. 
Laws  of  1899,  Chap.  XXXI,  p.  44. 

Commissioner:  Sec.  1.   Be  it  enacted  by  the  General  Assembly  of  the  state  of 

Indiana,  That  the  Governor  immediately  after  the  taking  effect  of  thi-  Act.  shall 
appoint  a  suitable  person,  who  shall  be  a  citizen  of  the  State  of  Indiana,  to  discharge 
the  duties  hereinafter  prescribed  who  shall  he  known  as  Commissioner  of  Fisheries 
and  (came,  and  who  shall  hold  his  office  for  four  years,  siihject  to  removal  by  the 
Governor  for  incompetency,  or  other  cause  that  would  render  him  an  improper  per- 
son to  longer  hold  the  office. 

Duties;  Powers;  Deputies:  Sec.  2.  Said  Commissioner  shall  inquire 

into  the  best  method-  of  preserving  and  propagating  the  game  birds  and  soul:  birds 
now  in  this  State  and  shall  introduce  such  varieties  of  food  and  game  birds,  foreign 
to  the  State,  a-  may  be  deemed  for  the  best  interests  of  the  people  of  the  State.  Said 
Commissioner  may  take  or  cause  to  be  taken,  any  fish  or  game,  in  any  manner  and 
at  any  time,  for  purposes  connected  with  fish  or  game  culture,  protection,  preserva- 
tion or  propagation,  or  with  scientific  observation.  Provided,  That  in  all  cases 
scientific  observation  he  shall  require  a  permit  from  the  Indiana  Academy  of  Science. 
Said  Commissioner  shall  also  see  that  all  laws  for  the  protection  of  fish  and  game  are 
enforced,  ami  shall  institute  proceedings  for  the  violation  and  punishment  of  any 
person  or  persons  violating  said  laws  within  the  State  of  Indiana,  and  shall  have  all 
the  powers  given  to  any  Township  Trustee  or  Road  Supervisor  for  the  enforcement 
of  said  fish  organic  laws,  and  shall   have  power  to  appoint  a  deputy  or  deputies  in 


166  GAME    COMMISSIONS    AND    WARDENS. 

any  county  of  the  State  for  the  purpose  of  aiding  in  the  enforcement  of  such  laws, 
who  shall  receive  no  other  compensation  than  that  provided  in  Section  seven  (7)  of 
this  Act. " 

Arrest:  Sec.  4.  The  said  Commissioner  and  his  deputies  shall  have  the  authority 
to  arrest,  without  writ,  rule,  order  or  process  any  person  in  the  act  of  committing  or 
attempting  to  commit  a  crime  or  misdemeanor,  in  his  presence,  in  violation  of  the 
fish  and  game  laws  of  this  State,  and  they  are  hereby  made  peace  officers  of  this 
State  for  that  purpose. 

Bond:  Sec.  5.  [Commissioner  required  to  give  bond  of  $2,000  for  faithful  per- 
formance of  duties  and  proper  expenditure  of  moneys  coming  into  his  possession  as 
Commissioner.] 

Report:  Sec.  (>.  Such  Commissioner  shall  report  the  result  of  his  investigations, 
experiments  and  labors  to  the  next  General  Assembly  succeeding  his  appointment, 
which  report  shall  also  embrace  all  necessary  suggestions  and  recommendations  that 
he  may  deem  proper  to  increase  the  efficiency  and  value  of  fish  and  game  culture  to 
the  citizens  of  this  State. 

Compensation,  Prosecution:  Sec  7.  That  said  Commissioner  shall  have  and 
receive  for  his  services  the  sum  of  $1,200.00  per  annum,  to  be  paid  out  of  any  money 
in  the  State  Treasury,  not  otherwise  appropriated,  in  quarterly  instalments,  on  the 
warrant  of  the  Auditor  of  State  in  the  same  manner  and  upon  the  same  vouchers  as 
other  officers  of  the  State  are  paid,  and  in  addition  thereto  the  sum  of  $1,200.00  per 
annum  for  traveling  and  office  expenses,  and  the  same  shall  be  all  the  compensation 
that  he  shall  be  entitled  to  receive  from  the  State,  which  sums  shall  be  paid  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  in  quarterly  instalments. 
Said  Commissioner  may  have  his  appearance  entered  with  a  prosecuting  attorney  in 
any  proceedings  brought  by  said  commissioner  for  the  prosecution  of  any  person  for 
the  violation  of  any  law  for  the  protection  of  fish,  or  game,  and  may  be  present  in 
person  or  by  deputy  and  assist  said  prosecuting  attorney,     *     *     *. 

Approved  February  13,  1899. 

Laws  of  1889,  Chap.  CCXXXIX,  p.  449. 

Road  supervisors:  Sec  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Indiana,  That  it  shall  be  the  duty  of  the  road  supervisors  to  arrest  or  cause  to  be 
arrested  and  to  prosecute  or  cause  to  be  prosecuted,  any  or.  all  persons  violating  any 
of  the  provisions  of  the  acts,  or  any  law  heretofore  or  hereafter  to  be  enacted,  for 
the  protection  of  game  and  fish.  And,  said  road  supervisors  shall  be  allowed  a 
fee  of  five  dollars,  to  be  taxed  as  costs  against  each  person  convicted  of  violating  any 
of  the  provisions  of  said  laws. 

#  Penalty:  Sec  2.  Any  road  supervisor  who  shall  fail  or  refuse  to  discharge  the 
duties  of  constables  as  aforesaid,  and  make  or  cause  to  be  made  said  arrests,  and 
prosecute  or  cause  to  be  prosecuted  all  cases  coming  to  his  knowledge  of  violation  of 
the  game  and  fish  laws  of  the  state,  shall,  upon  conviction,  be  fined  in  any  sum  not 
less  than  five  nor  more  than  twenty-five  dollars. 

Approved  March  11,  1889. 

Laws  of  1901,  Chap.  CCIII,  p.  442. 

Deputies;  Auditor's  report:  Sec  15.  *  The  Commissioner  of  Fisheries 

and  Game  shall  be  permitted  to  employ  assistants  or  deputies,  if  the  fund  so  provided 
is  sufficient  for  that  purpose;  but  no  person  or  deputy  so  employed,  aside  from  the 
chief  deputy,  shall  be  paid  to  exceed  the  sum  of  sixty  dollars  per  month  and  actual 
expenses.  On  or  before  the  10th  of  each  month  the  Auditor  of  State  shall  report  to 
the  Commissioner  of  Fisheries  and  Game  the  amount  remaining  unexpended  in  such 
fish  and  game  protective  fund  on  the  last  day  of  the  preceding  month. 

a  See  sec.  626,  Laws  of  1905. 


I  M  1 1  \  \  \       [OWA.  1  « *  « 

La  905,  chap,    L60,   p     58  I 

Common  carriers:  Sn     14    Prosecutiona  against  any  railroad  com  pan 
oom pan y,  common  carrier  or  person,  for  transporting  game  or  birds  in  viola ti 
law.  may  be  had  in  any  county  where  such  game  or  birds  shall  have  been  n 
for  transportation,  or  into  which  they  may  come  for  the  purposes  "i,  or  during  the 
oeurse  of,  bucIi  transportation. 

Prima  tan.'  evidence:  B»c.  251.  The  possession  by  any  railroad  company, 
express  company,  common  carrier  or  person,  of  any  game  or  birds  marked  or  labeled 
lor  any  point  beyond  the  limits  of  this  Btate,  or  which  Bhall  be  Bhown  by  an 3 
bill,  bill  of  lading  or  shipping  book,  t->  be  intended  for  delivery  at  any  place  beyond 
the  limit-  of  this  Btate,  shall  be  prima  facie  evidence  of  the  violation  "t'  tin-  pro- 
visions "t"  law  with  respect  t"  the  transportation  of  'jam.-  or  birds. 

Each  act  separate  offense:  Se<  .  594.  Each  act  <>t'  netting  or  trapping, 

<>r  attempt  t<>  net  or  trap  quail,  or  each  day's  possession  of  Biich  net  <"•  trap,  shall  be 
deemed  anil  held  t>>  be  a  separate  and  distinct  offense  and  punishable  as  such. 

Each  day  separate  offense:  Sec.  608.  [Unlawful  to  hunt  any  game  except 
waterfowl  from  Oct  1  to  Nov.  10],  every  day  this  section  is  violated  shall  constitute 
a  separate  offense. 

Production  of  license:  Sec.  tiii<>.   [As  amended  by  Laws  of   L907,  chap.  216. 

Requires  residents  t<>  procure  license  to  hunt;  fees  to  he  paid  into  fish  and  game 

protective  fund].  Any  person  securing  such  license  shall  have  the  Bame  in  hi-  pos- 

d  when  hunting,  and  shall  show  same  to  the  commissioner  of  fisheries  and 

game  Or  hi-  deputy,  upon  request.      *     *     * 

Fund:  Sec.  611.  [Requires  nonresidents  to  procure  license  to  hunt;  kv^  to  be 
paid  into  fish  and  game  protective  fund.] 

Fund:  Sec.  626.  In  all  ease- of  conviction  or  on  pleas  of  guilty  of  violating  any  of 
the  provisions  of  this  act  in  relation  to  fish  or  game,  there  shall  he  taxed  against 
each  defendant  -■  >  convicted,  in  favor  of  the  commissioner  of  fisheries  and  game,  a 
fee  of  twenty  dollars  as  a  pari  of  the  costs.  Said  fees  -hall  be  paid  by  the  officer 
collecting  the  same  to  the  auditor  of  state  every  sixty  days,  on  the  first  day  of  alter- 
nate months,  in  the  manner  in  which  license  fees  referred  to  in  section  611  of  this 
act  are  paid;  and  Buch  fees  -hall  he  paid  to  the  treasurer  of  state  by  the  auditor  of 
state  as  a  part  of  the  fish  and  game  protective  fund  to  he  expended  by  the  commis- 
sioner of  fisheries  and  game  in  paying  rewards  and  other  expenses  for  the  detection 
and  conviction  of  persona  who  violate  provisions  of  this  act,  and  the  fish  and  game 
law-  of  the  state. 

IOWA. 

Code  of  1897,  Title  XII,  chap.  15,  p.  884. 

State  fish  and  game  warden;  Compensation;  Duties;  Powers:  Bee.  2539. 
[As  amended  by  Laws  1898,  chap.  64;  and  I. aw-  of  L902,  chap.  L03.]  There  is  hereby 
created  the  office  of  Btate  fish  and  game  warden.  The  warden  -hall  he  appointed 
by  the  goy  ernor,  and  hold  his  office  for  three  years  from  the  first  day  of  April  of  the 
year  of  his  appointment.  He  shall  receive  a  -alary  of  twelve  hundred  dollars  annu- 
ally to  be  paid  out  of  the  state  treasury.  He  shall  have  charge  and  management  of 
the  state  fish  hatcheries,  which  shall  he  used  in  Btocking  the  waters  of  the  state  with 
fish  native  to  the  country  and  to  the  extent  of  the  means  provided  by  the  state.  He 
shall  impartially  and  equitably  distribute  all  fry  raised  by  or  furnished  to  the  Btate, 
or  for  it  through  other  source-,  in  the  streams  and  lake-  of  the  state;  shall  faithfully 
and  impartially  enforce  obedience  of  the  provisions  of  this  chapter,  and  shall  make  a 
biennial  report  to  the  governor  of  his  doings,  together  with  such  information  upon 
the  subject  of  the  culture  of  fish  and  the  protection  <<i  game  in  the  country  as  he  may 
think  proper,  accompanied  with  an  itemized  statement  monthly  to  the  executive 
council  under  oath  of  all  moneys  expended  and  for  what  purposes,  and  of  the  num- 


168  GAME    COMMISSIONS    AND    WARDENS. 

ber  and  varieties  of  fish  distributed,  and  in  what  waters.  It  shall  be  the  duty  of  the 
fish  and  game  warden,  sheriffs,  constables,  and  police  officers  of  this  state  to  seize 
and  take  possession  of  any  fish,  birds,  or  animals  which  have  been  caught,  taken,  or 
killed  at  a  time,  in  a  manner,  or  for  a  purpose,  or  had  in  possession  or  under  control, 
or  have  been  shipped  contrary  to  the  provisions  of  this  chapter.  Such  seizure  may 
be  made  without  a  warrant.  Any  court  having  jurisdiction  of  the  offense,  upon 
receiving  proof  of  probable  cause  for  believing  in  the  concealment  of  any  fish,  birds, 
or  animals,  caught,  taken,  killed,  had  in  possession,  under  control,  or  shipped  con- 
trary to  any  of  the  provisions  of  this  chapter,  shall  issue  a  search-warrant  and  cause 
a  search  to  be  made  in  any  place  therefor.  Any  fish,  birds,  or  animals  so  found  shall 
be  sold  for  the  purpose  of  paying  the  costs  in  the  case,  and  the  amount,  if  any,  in 
excess  of  the  costs  shall  be  turned  into  the  school  fund  of  the  county  in  which  the 
seizure  is  made.  Any  net,  seine,  trap,  contrivance,  material,  and  substance  what- 
ever, while  in  use  or  had  and  maintained  for  the  purpose  of  catching,  taking,  killing, 
trapping  or  deceiving  any  fish,  birds,  or  animals  contrary  to  any  of  the  provisions  of 
this  chapter  is  hereby  declared  to  be,  and  is,  a  public  nuisance,  and  it  shall  be  the 
duty  of  the  fish  and  game  warden,  sheriffs,  constables,  and  police  officers  of  the  state, 
without  warrant  or  process,  to  take  or  seize  any  and  all  of  the  same,  and  abate  and 
destroy  any  and  all  of  the  same  without  warrant  or  process  and  no  liability  shall  be 
incurred  to  the  owner  or  any  other  person  for  such  seizure  and  destruction  and  said 
warden  or  his  regularly  constituted  deputies  or  other  peace  officers  as  hereinbefore 
named  shall  be  released  from  all  liability  to  any  person  or  persons  whomsoever  for 
any  act  done  or  committed  or  property  seized  or  destroyed  under  or  by  virtue  of  this 
section. 

Prima  facie  evidence:  Sec.  2554.  It  shall  be  unlawful  for  any  person,  company 
or  corporation  to  buy  or  sell,  or  have  in  possession,  any  of  the  birds  or  animals 
named  in  this  chapter,  during  the  period  when  the  killing  of  such  birds  or  animals 
is  prohibited,  except  during  the  first  five  days  of  such  prohibited  period;  and  the 
possession  by  any  person,  company  or  corporation  of  any  such  birds  or  animals  dur- 
ing such  prohibited  period,  except  during  the  first  five  days  thereof,  shall  be  pre- 
sumptive evidence  of  a  violation  of  the  provisions  of  this  chapter  relating  to  game. 

Prosecutions;  Attorney  General's  opinion:  Sec  2559.  [As  amended  by  Laws 
of  1898,  chap.  64.]  In  all  prosecutions  under  this  chapter,  any  number  of  violations 
may  be  included  in  the  information,  but  each  one  shall  be  set  out  in  a  separate 
count,  and  upon  conviction  there  shall  be  taxed  as  a  part  of  the  costs  in  the  case  a 
fee  of  five  dollars  to  the  informant,  and  a  like  fee  of  five  dollars  to  the  attorney 
prosecuting  the  case,  upon  each  count  upon  which  there  is  a  plea  or  verdict  of 
guilty  and  judgment  of  conviction;  but  in  no  event  shall  this  fee  be  paid  out  of  the 
county  treasury.  Prosecutions  for  violations  of  any  provisions  of  this  chapter  may 
be  brought  either  in  the  county  in  which  the  offence  was  committed,  or  in  any  other 
county  where  the  person,  company  or  corporation  complained  of  has  had  or  has  in 
his  or  their  possession  any  fish,  birds  or  animals  named  herein  and  bought,  sold, 
caught,  taken,  killed,  trapped  or  ensnared  in  violation  hereof.  When  requested  by 
the  fish  and  game  warden  the  attorney  general  shall  give  his  opinion,  in  writing, 
upon  all  questions  of  law  pertaining  to  the  office  of  such  warden.  Nothing  in  this 
chapter  shall  be  construed  as  prohibiting  any  person  from  instituting  legal  proceed- 
ings for  the  enforcement  of  any  provisions  hereof. 

Trespass:  Sec.  2560.  [Prohibits  hunting  on  land  of  another  without  permission,] 
but  no  prosecution  shall  be  commenced  under  this  section  except  upon  the  informa- 
tion of  the  owner,  occupant  or  agent  of  such  cultivated  or  enclosed  lands. 

Deputies:  Sec  2562.  The  fish  and  game  warden  may  appoint  such  number  of 
deputies  as  he  may  deem  necessary,  who  shall  serve  without  expense  to  the  state, 
and  whose  duties  shall  be  to  report  to  the  warden  all  violations  of  the  fish  and  game 
laws  and  aid  him  in  the  enforcement  thereof. 


low  \     is  w  1 69 

L:i  .  -no,  chap.  h»;.  p.  <;  1. 

Act  to  be  enforced:  >i>.  s,  it  shall  be  the  duty  of  « -« . » 1 1 1 1 %-  atl 
■  oilieei •-  t. .  --  ■<•  t hat  t In-  :ict  [requiring  nonresidents  to  procure  1  !  pre- 

scribing penalties  therefor]  is  Btrictlj  enforced,  the  Bame  as  other  game  laws  of  tin- 
Mat.-. 

Laws  of    1900,  .hap.   87.   p.   66, 

Fund:  Sac.  I.  [Repealing  La ws  of  1900,  chap.  86,  sec  6.]  That  all  license  money 

i>r  collected  under  this  act  shall  be  credited  l>y  the  count)  treasurer  to  a  fund 

know  u  as  a  -ain.'  protection  fund,  t.»  !><•  used  to  defray  the  expenses  of  enforcing  the 

iaw  for  tin-  protection  of  game,  Buch  expenses  to  be  allowed  and  ordered  paid  by  the 

l>..ar>l  of  supervisors  of  the  county. 

KANSAS. 

Laws  of  1905,  chap.  267,  p.  411. 

State  fish  and  game  warden;  Term;  Compensation:  Sac.  1.  [immediately 
after  the  taking  eff  eel  of  this  act  the  governor  shall  appoint,  and  every  four  year- 
thereafter,  a  Btate  fish-and  game-warden,  who  shall  be  a  citizen  of  the  state,  who 
shall  possess  the  requisite  knowledge  of  the  duties  of  a  fish-and  game-warden,  and 
who  shall  hold  his  office  for  the  term  of  four  years  or  until  his  Buccessor  shall  be 
appointed  and  qualified,  and  such  fish  and  game  warden  shall  receive  a  salary  of  fif- 
teen hundred  dollars  per  annum. 

Propagation;  Report:  Sec.  2.  The  fish-and  game-warden  shall  have  the  man- 
agement of  the  state  fish  hatchery,  Bhall  carry  out  the  provisions  of  law  respecting 
the  breeding  and  propagating  of  game  and  food  fish  and  the  distribution  of  young 
fish  throughout  the  waters  of  the  state,  and  Bhall  enforce  the  fish  and  game  laws  of 
the  state.  *    *    The  fish  and  game  warden  shall  make  a  biennial  report  to  the 

governor,  making  such  recommendations  or  suggestions  as  he  may  think,  best  to  pro- 
tect, the  game  and  fish  of  this  state  and  to  replenish  the  stream- and  other  waters 
with  food-and  game-fish. 

Deputies:  Sec.  3.  The  Btate  fish-and  game-warden  shall,  immediately  after  his 
appointment,  appoint  one  or  more  deputy  fish-and  game-wardens  in  each  county  in 
this  state  where  ten  resident  taxpayers  request  him  to  do  so,  whose  duty  it  shall  be 
to  aid  such  state  fish-and  game-warden  in  carrying  out  the  provisions  of  this  act 
Buch  deputy  fish-and  game-wardens  shall  receive  no  compensation  for  their  services 
other  than  is  provided  in  this  act.  The  appointment  of  such  deputies  may  by  the 
fish-and  game-warden  be  revoked  at  any  time. 

Powers;  Fees:  Sec.  4.  The  state  fish-and  game-warden  and  each  of  the  deputy 
lish-and  game-wardens  shall  have  the  power  of  a  constable  or  police  officer  to  arrest 
without  warrant  any  person  <.r  persons  by  him  or  them  caught  in  the  act  of  violating 
any  of  the  fish  and  game  laws  of  this  state,  and  with  a  warrant  under  other  circum- 
stance-, and  to  bring  such  persons  before  the  proper  court  for  trial:  and  in  each  case 
of  conviction  there  shall  ho  assessed  as  part  of  the  costs  the  Bum  of  ten  dollars  for  the 
person  making  such  arrest,  to  he  collected  off  the  defendant,  together  with  the  mile- 
age allowed  by  law  t<>  constables. 

Production  of  license:  >i:<  .  9.  I  Aery  person  holding  a  hunter's  license  taken  out 
as  aforesaid  shall  carry  the  same  with  him  while  hunting,  and  on  demand  by  the 
fish-and  game-warden,  or  any  deputy  fish-and  game-warden,  or  any  constable,  mar- 
shal or  other  police  officer  charged  with  the  enforcement  of  the  provisions  of  this; 
act,  shall  permit  said  license  to  be  examined  by  the  officer  demanding  the  same. 
Failure  to  produce  such  license  for  examination  shall  immediately  terminat. 
license. 

Prosecution:  Sec.  14.  In  a  prosecution  of  any  person  or  persons  for  a  violation 
of  any  of  the  provisions  of  this  act,  it  shall  not  be  necessary  to  state  in  the  complaint 


170  GAME    COMMISSIONS    AND    WARDENS. 

the  true  or  ornithological  name  of  the  Bqoirrel,  bird  or  birds  caught,  killed,  trapped, 
Bnared,  sold,  or  offered  for  .-ale,  shipped,  or  had  in  possession,  nor  to  state  the  true 
or  scientific  name  of  the  fish  caught,  taken  or  in  any  way  killed  in  violation  of  the 
provisions  of  this  act,  nor  to  state  in  the  complaint  or  to  prove  at  the  trial  that  the 
catching  or  killing  or  having  in  possession  of  any  wild  bird  hereinbefore  named,  or 
that  the  catching  of  any  fish,  was  not  for  the  sole  purpose  of  using  or  {.reserving  it 
as  a  specimen  for  scientific  purposes. 

Prima  facie  evidence:  Sec.  15.  The  having  in  possession  by  any  person  or  per- 
sons, company  or  corporation  of  any  bird  named  in  section  7  of  this  act  [partridge, 
grouse,  prairie  chicken,  quail,  plover,  pheasant,  duck,  goose,  brant,  dove,  oriole, 
meadow  lark,  robin,  thrush,  red  bird,  mocking  bird,  bluebird]  at  any  time,  except 
by  a  person  who  has  lawfully  killed  the  same,  *  *  *  shall  be  prima  facie  evi- 
dence of  the  violation  of  the  provisions  of  this  act. 

Penalty;  Separate  offense:  Sec.  17.  Any  person  or  the  manager,  agent  or 
employee  of  any  company  or  corporation  found  guilty  of  a  violation  of  the  provisions 
of  this  act  shall,  upon  conviction  thereof  before  any  court  of  competent  jurisdiction, 
be  lined  in  the  sum  of  not  less  than  live  dollars  nor  more  than  one  hundred  dollars 
for  each  and  every  offense,  and  shall  be  adjudged  to  pay  the  costs  of  the  prosecution, 
and  shall  be  committed  to  the  jail  of  the  county  in  which  the  offense  was  committed 
until  such  costs  and  fine  are  paid;  provided,  that  the  catching,  taking  or  killing  of 
each  bird  or  fish  caught,  taken  or  killed  in  violation  of  the  provisions  of  this  act 
shall  constitute  a  separate  offense. 

Peace  officers;  Nonliability:  Sec.  18.  It  shall  be  the  duty  of  all  constables, 
marshals  and  police  officers  in  this  state  to  diligently  inquire  into  and  prosecute  all 
violations  of  this  act,  or  other  fish  or  game  laws  of  this  state.  Any  such  officers 
hereinbefore  named,  having  knowledge  or  notice  of  any  violation  of  the  provisions 
of  this  act  shall  forthwith  make  complaint  before  some  court  of  competent  jurisdic- 
tion; provided,  that  such  officer  making  complaint  as  aforesaid  shall  in  no  event  be 
liable  for  costs  unless  it  shall  be  found  by  the  court  or  jury  that  the  complaint  was 
filed  for  malicious  purposes  and  without  probable  cause;  provided  further,  that  any 
officer  who  shall  neglect  or  refuse  to  prosecute  any  violator  of  the  provisions  of  this 
act,  upon  proper  information  being  laid  before  him,  shall  himself  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  punished  as  provided  in  section  17 
of  this  act. 

Special  attorney:  Sec  19.  That  if  any  county  attorney  or  other  prosecuting  offi- 
cer shall  neglect  or  refuse  to  prosecute  any  person  or  persons  charged  with  a  viola- 
tion of  any  of  the  provisions  of  this  act,  any  court,  judge  or  justice  of  the  peace  hav- 
ing jurisdiction  of  the  offense  may  appoint  an  attorney  at  law  to  prosecute  such  per- 
son or  persons,  and  the  attorney  so  prosecuting  shall  receive  a  fee  of  ten  dollars,  to 
be  taxed  to  the  defendant  in  every  case  where  conviction  shall  be  had. 

Fund:  Sec  20.  *  *  *  All  sums  paid  into  the  state  treasury  for  licenses  shall 
be  credited  to  the  state  game-  and  fish-warden  fund  and  become  immediately  avail- 
able to  carry  out  the  provisions  of  this  act. 

Inspection:  Sec  21.  Itshallbetheduty  of  the  fish-and  game-warden  at  reasonable 
intervals  to  inspect  all  places  of  the  state  where  meat,  fish  and  game  is  [are]  kept  for 
sale  or  shipment  or  stored  for  pay;  and  it  shall  be  the  duty  of  any  person  engaged 
in  the  business  of  buying,  selling,  shipping  or  storing  for  pay  meat,  fish  or  game 
within  the  state,  upon  the  demand  of  the  fish  and  game  warden,  to  permit  an  inspec- 
tion of  their  place  of  business  by  such  warden:  and  any  such  person  who  shall 
refuse  upon  demand  to  permit  the  inspection  herein  provided  for  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof  in  any  court  of  competent 
jurisdiction,  shall  be  fined  in  the  sum  of  not  less  than  ten  dollars  and  not  more  than 
fifty  dollars  for  the  first  offense,  and  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  subsequent  offense. 

Approved  Feb.  18,  1905. 


KANSAS       KENTUCKY,  171 

L908,  (hap.  890,  p,  49  I 

Reward:  3  a  reward  of  twenty-five  dollan  be  given  to  the  person  or 

\niir  information  loading  to  the  arrest  and  conviction  of  an)  person  '•» 
persona  \  iolating  this  law  |  protecting  anteloj  • 

Laws  of  1907.  chap.  818,  p.  380. 

ingarUn  partridge*,  English,   Mongolian  nn<]  Ohli* 

Prima  facie  evidence:  Sic.  2.  The  having  in  pooocooion  except  for  breeding  pur- 
-  by  any  i  impany  or  corporation  of  any  of  the  birds  mentioned  in 

i  1  of  this  act  shall  be  deemed  prima  facit  evidence  of  the  violation  of  thii 
Approved  Feb.  25,  L907. 

KENTUCKY. 
Barbour  &  Carroll's  Statutes.  1894,  chap.  57,  p.  718. 
Prima  facie  evidence:    -  K).  The  possession  of  any  of  the  animals  <>r  birds 

intended  to  be  protected  by  this  law  within  the  periods  for  which  their  killing  or 
I  i-  hereby  prohibited,  shall  be  prima  Eacie  evidence  that  the  said  animal  <>r 
bird  was  unlawfully  caught  or  killed  and  the  possession  thereof  unlawful. 

Separate  offense:  Sec.  1962.  The  unlawful  killing,  catching  or  possession  of  each 
and  every  one  of  the  animals  or  birds  intended  to  be  protected  by  this  law  shall 
constitute  a  separate  and  distinct  offense,  and  shall  be  punished  accordingly,  and 
two  or  more  offenses  may  be  joined  in  the  same  warrant  or  indictment  then-tor:  and 
the  I*  iffending,  if  convicted,  shall  be  fined  for  each  offense,  and  fifty  per 

centum  of  said  fine  shall  be  paid  to  the  informer. 

Arrest;  Search:  Sbc.  1953.   Any  county  judge,  justice  of  the  peace,  or  police  or 
other  magistrate,  upon  receiving  sufficient  proof  by  affidavits  that  any  of  the  pro- 
visions of  this  chapter  have  been  violated  by  any  person  being  temporarily  within 
his  jurisdiction,  but  not  residing  therein  permanently,  or  by  any  person  whose  name 
- .dence  is  unknown,  is  hereby  authorized  and  required  to  issue  his  warrant  for 
the  ane-t  of  such  person,  and  cause  him  to  be  held  to  bail  to  answer  the  charges 
st  him;  and  any  such  justice  or  magistrate,  upon  receiving   proof  or  having 
oable  grounds  to  believe  that  any  game  mentioned  in  this  chapter  is  cono 
during  any  of  the  periods  for  which  the  posa  ssion  thereof  i>  prohibited,  shall  issue 
-  -  arch  warrant,  and  cause  Beach  to  be  made  in  any  house,  market,  boat,  box, 
package,  car  or  other  place,  and  shall  cause  the  arrest  and  trial  of  any  person  in 
whose  possession  such  game  is  found. 

Peace  and  other  officers:  Sbc.  1954.   It  is  hereby  made  the  duty  of  the  several 

may.  ra  of  the  several  cities  and  towns  within  the  commonwealth  to  require  their 

tive  police  or  constabulary  force,  and  it  is  hereby  made  their  duty,  as  well  as 

the  duty  of  all  market -masters  or  clerks  of  markets  of  any  city  or  towns  to  diligently 

out  and  arrest  or  have  arrested,  as  for  a  misdemeanor,  all  persons  violating 

the  provisions  of  this  chapter  by  having  any  game  mentioned  herein  unlawfully  in 

their  n,  or  offering  the  same  for  Bale  during  any  of  the   periods  during 

which  the   killing  of  such  game  is  prohibited.      And  any  officer  whose  duty  be  to 

enforce  the  provisions   of   this   chapter,   who  shall   fail  or  refuse,   upon  sufficient 

information,  to  discharge  the  duties  imposed  upon  him  by  this  chapter,  shall  he  held 

guilty  of  misfeasance  in  office,  and  shall,  on  conviction  thereof,  he  punished  by  tine 

—  than  twenty  nor  more  than  fifty  dollar-  for  i>-i<\\  offense.     *     *     * 

Acts  of  1904,  chap.  68,  p.  150. 

Wardens:  [Sec.]  1.  The  offices  of  fish  and  game  wardens  are  hereby  created. 

Appointment:  [Sec.]  2.  The  county  judge  of  each  county  shall  appoint  one  or 
m<.re  fish  and  game  wardens  for  each  county  in  the  State,  who  shall  hold  office  and 


172  GAME    COMMISSIONS    AND    WARDENS. 

be  subject  to  removal  therefrom  at  the  pleasure  of  the  county  judge.  Each  game 
warden,  before  entering  on  the  duty  of  his  office  shall  execute  his  bond  to  the  Com- 
monwealth, with  g 1  surety,  to  be  approved  by  the  county  judge. 

Duties;  Powers;  Fees:  [Sec]  3.  It  shall  he  the  duty  of  fish  and  game  war- 
dens to  enforce  within  this  State  all  laws  relating  to  the  protection,  preservation  and 
propagation  of  fish,  birds  and  game.  Each  fish  and  game  warden  shall  have  full 
power  to  execute  and  serve  all  warrants  and  process  of  law  issued  for,  in  connection 
with  or  growing  out  of,  the  enforcement  of  any  law  relating  to  the  protection,  preser- 
vation or  propagation  of  fish,  birds  and  game  in  the  same  manner  and  to  a  like 
extent  that  any  sheriff  or  constat >le  may  serve  and  execute  such  process,  and  shall 
be  entitled  to  the  same  fees  for  said  services  as  are  now  allowed  by  law  to  sheriffs  for 
similar  services  in  criminal  cases.  They  may  arrest  on  sight  and  without  warrant 
any  person  detected  by  them  in  the  act  of  violating  any  such  law;  they  shall  have 
the  Mime  right  as  sheriffs  to  require  aid  in  executing  any  process  or  in  arresting 
without  process  any  person  found  by  them  in  the  act  of  violating  any  of  said  laws: 
and  they  shall  have  authority  to  seize  without  process  any  birds,  fish  or  game  then 
found  in  the  possession  of  any  such  person,  together  with  the  guns.  nets,  seines, 
traps  or  other  devices  with  which  the  same  were  taken  or  killed,  and  destroy  or  con- 
fiscate such  guns,  nets,  seines,  traps  or  other  devices,  and  forthwith  convey  Buch 
offender  before  a  court  or  magistrate,  having  jurisdiction  of  the  offense,  and  such 
court  or  magistrate  shall,  upon  the  filing  by  the  warden  of  a  proper  complaint,  pro- 
ceed speedily  to  try  and  determine  the  truth  of  the  charge. 

Fees:  [Sec]  4.  After  payment  of  the  percentage  of  fines  allowed  by  law  to  the 
other  public  officers,  the  remainder  shall  go  to  the  fish  and  game  warden  instituting 
the  prosecution,  and  upon  filing  a  verified  claim  with  the  Auditor,  he  shall  draw  his 
warrant  upon  the  Treasurer  in  favor  of  such  fish  and  game  warden. 

Approved  March  21,  1904. 

Acts  of  1904,  chap.  107,  p.  262. 

Separate  offense:  [Sec]  3.  Each  bird  or  fowl  so  bought,  sold,  offered  for  sale, 
had  in  possession  for  sale  or  transportation,  received  for  transportation,  or  trans- 
ported, contrary  to  the  provisions  of  this  act  [prohibiting  sale  and  transportation  of 
wild  turkey,  pheasant,  grouse,  partridge  and  quail],  shall  constitute  a  separate 
offense. 

Approved  March  24,  1904. 

LOUISIANA. 
Acts  of  1904,  No.  126,  p.  287. 

Nonresident  and  alien  hunting-  license:  Sec  13.  [Establishes  a  $10  hunting 
license  for  nonresidents  and  unnaturalized  foreign  born  residents,  requires  possession 
of  such  license  while  hunting,  and  production  upon  request  of  any  officer.]  Every 
non-resident  and  unnaturalized  foreign  born  resident  found  hunting  without  the 
aforesaid  license  may  be  arrested  on  sight  by  any  officer  or  warden    *    *    * 

Nonresident  and  alien  market  license:  Sec  14.  [Establishes  a  $25  market-hunting 
license  for  nonresidents  and  unnaturalized  foreign  born  residents,  and  requires  produc- 
tion of  the  license  upon  request  of  any  officer.]  Every  nonresident  or  unnaturalized 
foreign  born  resident  hunting  game  birds  for  profit  either  to  himself  or  others  without 
said  license,  may  be  arrested  on  sight  by  any  officer    *    *    * 

Fund:  Sec  16.  *  *  *  That  all  fees  and  fines  collected  under  the  provisions  of 
this  act,  except  as  herein  provided,  shall  go  to  a  fund  kept  by  the  State  Treasurer 
called  the  State  game  protective  fund,  of  which  the  State  Treasurer  shall  keep  accu- 
rate accounts  and  report  same  to  the  Governor  and  General  Assembly. 


LOUISIANA       \l  \i  N  i  .  I  ,  8 

Game  v.  ir    Be  it  mill,.  it  ii  -hall  be  the  duty  of 

the  police  jurir-  of  each  parish  of  the  State  to  appoint  one  or re  reputable  citizens 

mm-  wardens  in  that  particular  parish,  and  said  officers  shall  have  power 
and  authority  t.«  arrest  without  warrant  any  person  or  persons  found  \  i  <  > ! ;  1 1  i  1 1  •_-  any 
,,i  the  provisions  of  this  act,  an. I  !■>  search  without  warrant  any  cold  - 
refrigerating:  plant,  ear,  vessel,  vehicle,  or  package,  wherein  he  or  they  may  believe 
an\  birds  named  in  the  act  may  !><•  kept  or  stored  contrary  to  the  provisions  of  the 
said  pune  wardens  so  appointed  -hall  also  have  the  right  to  confiscate  all 
birds  which   be  or  they  may  find  in  the  possession  of  any  person  or  persons 
During  the  close  season,  and  this  irrespecth e  of  the  time  when  or  place  where  Buch 
1  »i r*  1  —  may  have  l>een  killed  or  caught,  and  Buch  person  or  persons  shall  have  no 
ss  at  law  for  such  seizure  of  property  unlaw  fully  had  in  possession. 
Informer:  S»  ,  IS.   Be  it  further  enacted,  etc.  That  any  person  or  persons  report- 
■  the  game  wardens  or  other  officers  authorized  under  the  law  of  the  State  to 
institute  a  prosecution  against  any  person  or  persons,  or  corporations,  for  violations 
of  the  provisions  of  thi<  act,  shall  reeeh  e  for  such  report,  in  case  of  conviction  50  per 
f  the  line  collected  from  such  person  or  persons,  or  corporations;  the  remain- 
ier  of  the  said  fine  levied  and  collected  shall  goto  the  State  game  protective  fund. 
Otherw  ise  the  w  hole  tine  collected  shall  go  to  said  state  game  protective  fund. 
Approved  July  5,  1904. 

MAINE. 

Revised  Statutes,  1903,  chap.  32,  p.  351. 

Commissioners;  Clerk:  Sec.  34.  The  governor,  with  the  advice  and  consent  of 

the  council,  shall  appoint  three  persons  to  be  commissioners  of  inland  fisheries  and 
game,  one  of  whom  shall  be  the  land  agent  of  the  state,  and  shall  hold  the  office  BO 
as  he  shall  continue  to  be  land  agent  :  the  other  two  commissioners  shall  hold 
their  office  for  time  years,  and  until  their  successors  are  appointed  and  qualified. 
Said  commissioners  shall  be  provided  with  an  office  in  the  Btate  capitol,  with  suit- 
able furniture,  stationery  and  other  facilities  for  the  transaction  of  the  business 
the  department,  and  they  may  appoint  a  clerk. 

Laws  of  1905,  chap.  84. 

Chairman  :  Sec.  1.  The  governor  witji  the  advice  and  consent  of  the  council  shall 
appoint  one  of  the  commissioners  of  inland  fisheries  and  game  to  be  the  chairman 
if,  and  he  shall  be  designated  and  commissioned  as  such  for  the  term  of  two  years. 
After  the  expiration  of  the  lirst  term  a  chairman  shall  be  appointed. in  the  manner 
and  for  the  term  now  prescribed  by  law  for  the  appointment  of  any  one  of  said  com- 
missioners ;  but  the  land  agent  shall  not  be  eligible  to  the  office  of  chairman. 

Compensation;  Allowances:  Sec.  2.  The  chairman  of  the  commissioners  of 
inland  fisheries  and  game  shall  receive  an  annual  salary  of  two  thousand  dollar-; 
the  land  agent,  forest  commissioner  and  member  of  the  commissioners  of  inland 
fisheries  and  game,  combining  the  three  offices  in  one  appointee,  two  thousand 
dollars;  the  other  member  of  the  commissioners  of  inland  fisheries  and  game,  one 
thousand  dollars,  and  in  addition  to  their  salaries,  actual  traveling  expenses  to  be 
audited  by  the  governor  and  council.  The  salary  of  the  clerk  of  the  commissioners 
of  inland  fisheries  and  game  shall  be  seven  hundred  and  fifty  dollars,  and  the  salary 
of  the  clerk  to  the  land  agent  and  forest  commissioner  shall  be  one  thousand  dollar-. 
The  governor  and  council  may  allow  such  sum  as  may  be  necessary  for  extra  clerk 
hire,  to  be  paid  out  of  license  I 

Quarterly  payment:  Sec  3.  Said  salaries  are  payable  quarterly,  on  the  lirst 
•lays  of  January,  April,  July  and  October  of  each  year,  from  the  state  treasury,  and 
are  in  full  for  all  services  performed  by  them  in  their  official  capacities. 

Approved  March  17,  1905. 


174  GAME    COMMISSIONS    AND    WARDENS. 

Revised  Statutes,  1903,  chap.  32,  p.  351. 

Duties:  Sec.  35.  The  commifisioners  of  inland  fisheries  and  game  shall  *  *  * 
introduce  and  disseminate  *  *  *  valuable  food  birds  into  the  state.  They  shad 
examine  into  the  workings  of  the  inland  fish  and  game  laws,  see  that  all  violations 
thereof  art'  duly  prosecuted,  and  perform  all  other  duties  prescribed  by  law.    *    *    * 

They  shall,  on  or  before  the  thirty-first  day  of  December  of  each  year,  report  to  the 
governor,  who  shall  cause  three  thousand  copies  of  said  report  to  be  printed. 

Powers:  Sec.  36.  The  commissioners  of  inland  fisheries  and  game,  upon  petition 
of  five  or  more  citizens  of  the  state,  or  whenever  they  shall  deem  it  for  the  bed 
interests  of  the  state,  after  due  notice  and  public  hearing  in  the  locality  to  be  affected, 
may  regulate  the  times  and  places  in  which  and  the  circumstances  under  which  garni 
and  inland  lish  may  be  taken;  but  they  cannot  authorize  the  taking  of  game  or 
inland  fish  at  a  time  in  which  its  capture  is  prohibited  by  the  laws  of  the  state,  and 
in  all  cases  where  the  prayer  of  the  petitioners  is  refused,  one-half  of  the  expenses 
of  the  commissioners  shall  be  paid  by  the  petitioners.  Whenever  they  deem  it  fa] 
the  best  interests  of  the  state,  after  like  notice  and  hearing,  they  may  entirely  pro- 
hibit the  taking  of  any  kind  of  game  or  inland  fish,  in  any  part  of  the  state,  for  a 
series  of  years  not  exceeding  four.  They  may  adopt  and,  from  time  to  time,  modify 
or  repeal  such  needful  rules  and  regulations,  not  contrary  to  the  laws  of  the  state, 
as  they  may  deem  necessary  or  proper  for  the  protection  and  preservation  of  the 
game  and  inland  fish  of  the  state,  in  conformity  with  the  provisions  of  the  last  two 
preceding  sections.  They  shall  file,  in  the  offices  of  the  clerks  of  the  towns  in  the 
territory  to  be  affected,  a  copy  of  the  rules  and  regulations  adopted  by  them,  and 
publish  the  same  three  weeks  successively  in  a  newspaper  printed  in  the  county,  and 
post  on  the  banks  of  waters  to  be  affected,  as  nearly  as  may  be.  like  notices:  and 
whenever  any  such  rules  or  regulations  apply  to  any  unorganized  township,  a  like 
copy  shall  be  filed  with  the  clerk  of  courts  for  that  county,  and  published  three 
weeks  successively  in  a  newspaper  printed  in  the  county;  they  shall,  immediately 
upon  the  adoption  of  any  rules  and  regulations  contemplated  by  this  section,  rile  an 
attested  copy  of  the  same  in  the  office  of  the  secretary  of  state. 

Regulations:  Sec.  38.  Whoever,  at  any  time  or  in  any  manner,  hunts,  chases, 
catches,  kills,  takes,  has  in  possession  or  destroys  any  inland  game,  in  violation  of 
any  of  the  rules  and  regulations  of  the  commissioners  of  inland  fisheries  and  game, 
made  and  promulgated  in  conformity  with  the  provisions  of  this  chapter,  shall  be 
punished  in  the  same  manner  and  to  the  same  extent  as  is  provided  for  by  law  for 
the  illegal  hunting,  chasing,  catching,  killing,  taking,  having  in  possession  or  destroy- 
ing of  any  such  inland  game. 

Mutilating"  notices:  Sec.  39.  Whoever  wilfully  mutilates,  defaces  or  destroys  any 
notice,  rule  or  regulation  of  the  commissioners  of  inland  fisheries  and  game,  posted 
in  conformity  with  the  provisions  of  this  chapter,  shall  be  punished  by  a  tine  not 
exceeding  fifty  dollars,  to  be  recovered  by  complaint  or  indictment:  and  one-half  of 
said  fine  .shall  be  paid  to  the  prosecutor. 

Propagation,  etc.:  Sec.  40.  The  commissioners  of  inland  fisheries  and  gam 
their  department,  *  *  *  may  take  fish  and  game  of  any  kind  when,  where,  and 
in  such  manner,  as  they  choose,  for  the  purposes  of  science  and  of  cultivation  and 
dissemination,  and  may  grant  written  permits  to  other  persons  to  take  fish  and  game 
for  the  same  purposes,  and  may  introduce  or  permit  to  be  introduced,  any  kind  of 
fish  into  any  waters.  *  *  *  The  commissioners  of  inland  fisheries  and  game  may 
grant  permission  to  take  moose,  caribou,  deer  and  birds  for  park  purposes  in  the 
state,  under  such  rules,  regulations  and  conditions  as  they  shall  establish.     *     *    * 

Wardens:  Sec.  4vc  The  governor  with  the  advice  and  consent  of  the  council,  upon 
the  recommendation  of  the  commissioners  of  inland  fisheries  and  game,  may  appoint 
suitable  persons  as  fish  and  game  wardens,  who  shall  hold  office  for  a  term  of  three 


MAINE.  L75 

•  vol.  aii'l  who  shal  din/  t-i  inland  ii-h 

and  '.'aiuc.  and  all  rules  and  regulations  in  relation  ti 

I  prostvute  all  offell  I  wardei  .aired 

e  bond  of  $2,000]  shall  have  the  same  power  to  serve  criminal  pi 
loch  offenders,  and  shall  be  allowed  tin  sheriffs,  for  lik< 

-hall  have  the  same  right  as  sheriffs  to  require  aid  In  executing  the  dot 

their  otlice.  inland    li-h   and   j.nnt'  warden-   m;i\   serve  all    pro 

buning  to  tin-  collection  of  penalties  for  violation  of  inland  fish  and  game  laws;  ash 
wardens  may  be  appointed  inland  fish  and  game  wardens  and  need  not  give  addi- 
tional bond. 

Deputy  wardens:  S  The  commissioners  of  inland  fisheries  and  game  may 

appoint  deputy  wardens  for  whose  official   misconduct  and  neglect   they  Bhall  be 

Qsible  and  may  revoke  such  appointments  at  any  time.     The  appointment  and 

discharge  of  such  deputy  warden-  shall  be  in  writing,  and  they  Bhall  have  the  same 

-and  be  subject  to  the  same  laws,  as  wardens  appointed  by  th<  >rand 

council. 

Peace  officers:  Sbc.  51.  Sheriffs,  deputy  sheriffs,  police  officers  and  constables, 

-ted  with  the  powers  of  inland  fish  and  game  wardens  and  their  deputies,  and 

shall  receive  for  like  services  the  same  I 

Arrest;  Seizure;  Search:    Sbc.  52.    [As  amended   by  Laws  of  1905,  chap.  141.] 

The  commissioners  and  every  warden  throughout  the  state  shall  enforce  the  provi- 

>f  this  chapter  [relating  to  fish  and  game],  and  Bhall  seize  any  game,  fish  <>r 

game  birds  taken  or  held  in  violation  of  this  chapter;  and  every  such  officer  may 

arrest,  with  or  without  a  warrant,  any  person  whom  he  has  reason  to  believe  guilty 

of  a  violation  thereof,  and  with  or  without  a  warrant,  may  open,  enter  and  examine 

all  buildings,  camps,  vessels,  boats,  wagons,  ear-.  Btages,  ten:-,  and  other  receptacles 

and  places  and  examine  all  boxes,  barrels  and  packages  when-  he  has  reason  to 

e  that  game,  fish  or  game  birds  taken  or  held  in  violation  of  this  chapter  are 

found,  and  seize  such  game,  fish  or  game  birds  if  any  be  found  therein,  but  no 

dwelling-house  shall  l>e  searched  for  the  above  purposes  without  a  warrant  and  then 

only  in  the  day  time,  and  no  sealed  railroad  car  Bhall  be  entered  for  the  above  pur- 

-  without  such  warrant.     Any  magistrate  may  issue  warrant-  to  search,  within 

his  jurisdiction,  any  dwelling-house,  in  the  day  time,  <>r  any  other  place  at  any  time, 

for  the  purposes  above  set  forth,  to  any  commissioner  of  inland  fisheries  and  game 

or  any  warden,  sheriff  or  any  of  his  deputies:  such  warrant  shall   he  issued  subject 

requirements  of  section  thirteen  of  chapter  one  hundred  and  thirty-three  of 

the  revised  statute.-:  provided,  however,  that  the  commissioners  Bhall,  on  or  before 

-  r  first  of  each  year  in  writing,  notify  the  superintendents  of  all  transportation 

companies  doing  business  within  the  state  of  the  name-  of  the  wardens  by  them 

designated  to  exercise  the  right  of  search  as  herein  provided,  which  number  shal] 

not  exceed  four  for  any  one  transportation  company,  and  no  others  shall,  except 

those  BO  designated,  be  authorized  to  exercise  the  powers  herein  mentioned  as  to 

search. 

Form  of  action:  Sec.  53.  Any  officer  authorized  to  enforce  the  inland  fish  and 
same  laws  may  recover  the  penalties  for  the  violation  thereof  in  an  action  on  the 
in  his  own  name,  the  venue  to  be  as  in  other  civil  action-,  or  by  complaint  or 
indictment  in  tin*  name  of  the  state;  and  such  prosecution  may  be  commenced  in  the 
county  in  which  the  offense  was  committed,  or  in  any  adjoining  county,  and  the 
plaintiff  prevailing  shall  recover  full  costs  without  regard  to  the  amount  recovered. 
Jurisdiction;  Malicious  arrest:  S»  .  54.  Any  officer  authorized  to  enforce  the 
inland  fish  and  game  laws  may.  without  pn.ee>.-,  arrest  any  violator  of  any  of  said 
law-,  and  shall  with  reasonable  diligence,  cause  him  to  be  taken  before  any  trial 
|usti( r  any  municipal  or  police  court,  in  the  county  where  the  offense  was  com- 
mitted, or  in  any  adjoining  county,  tor  a  warrant  and  trial.     Jurisdiction  in  such 


170  GAME    COMMISSIONS    AND    WARDENS. 

cases  is  hereby  granted  to  all  trial  justices  and  all  other  courts  to  be  exercised  in  the 
same  manner  as  if  the  offense  had  been  committed  in  that  county;  and  any  office] 

who  shall  maliciously,  or  without  probable  cause,  abuse  his  power  in  such  proceed- 
ings shall  be  liable  upon  complaint  or  indictment,  to  a  fine  not  exceeding  one  hun- 
dred dollars,  or  imprisonment  not  exceeding  three  months. 

Jurisdiction:  Sec.  55.  In  all  prosecutions  under  this  chapter,  municipal  and  p<  .lice 
judges  and  trial  justices  within  their  counties  have,  upon  complaint,  original  and 
concurrent  jurisdiction  with  the  supreme  judicial  and  superior  courts/' 

Fund:  Sec.  56.     *  *     all  fines  and  penalties  recovered,  or  money  paid,  under 

any  of  the  provisions  of  this  chapter,  after  deducting  legal  taxable  costs,  shall  be  paid 
forthwith  to  the  treasurer  of  state  by  the  person  recovering  the  same;  and  all  money 
so  received  by  said  treasurer  shall  be  expended  by  the  commissioners  of  inland  fish- 
eries and  game  for  the  protection  of  the  fish  and  game  of  the  state. 

Corporation:  Sec.  57.  In  case  of  a  violation  of  any  of  the  provisions  of  this  chap- 
ter by  a  corporation,  the  warrant  of  arrest  may  be  served  by  an  attested  copy  on  the 
president,  secretary,  manager  or  any  general  agent  thereof  in  the  county  where  the 
action  is  pending,  and  upon  return  of  such  warrant  so  served,  the  corporation  shall 
be  deemed  in  court  and  subject  to  the  jurisdiction  thereof,  and  any  fine  imposed  may 
be  collected  by  execution  against  the  property  of  such  corporation;  but  this  section 
shall  not  be  deemed  to  exempt  any  agent  or  employe  from  prosecution. 

County  attorneys;  Witnesses;  Reports:  Sec.  59.  Each  county  attorney  shall 
prosecute  all  violations  of  this  chapter  occurring  within  his  county,  when  such  cases 
may  come  to  his  knowledge,  or  when  he  may  be  so  requested  by  the  commissioners 
or  any  officer  charged  with  its  enforcement,  the  same  at  all  times  to  be  subject  to  the 
supervision  and  control  of  the  commissioners.  In  any  prosecution  under  this  chapter, 
any  participant  in  a  violation  thereof,  when  so  requested  by  the  county  attorney, 
commissioners  or  other  officer  instituting  the  prosecution,  may  be  compelled  to  testify 
as  a  witness  against  any  other  person  charged  with  violating  the  same,  but  his  evi- 
dence so  given  shall  not  be  used  against  himself  in  any  prosecution  for  such  violation. 
Every  magistrate  or  clerk  of  the  court  before  whom  any  prosecution  under  this  chap- 
ter is  commenced,  or  shall  go  on  appeal,  within  twenty  days  after  the  trial  or  dismissal 
thereof,  shall  report  in  writing  the  result  thereof  and  the  amount  and  disposition  of  the 
fines  collected  to  the  commissioners  at  Augusta.  In  all  cases,  the  officer  making  the 
seizure  or  sale  of  fish,  game  or  birds  shall  within  ten  days  thereafter,  report  all  the 
particulars  thereof  and  an  itemized  statement  of  the  proceeds,  expenses  and  fees, 
and  the  disposition  thereof  to  the  commissioners  at  Augusta.  Every  warden  shall, 
in  the  month  of  December  of  each  year,  and  at  such  other  times  as  the  commissioners 
may  require,  report  to  the  commissioners  all  violations  of  and  prosecutions  under  this 
chapter,  occurring  in  his  district,  together  with  such  further  information  as  the  com- 
missioners may  require.  The  failure  of  any  person  or  officer  to  perform  any  act, 
duty  or  obligation  enjoined  upon  him  by  this  chapter  shall  be  deemed  a  violation 
thereof. 

Permit;    Prima   facie    evidence:    Sec.  5.    Whoever  introduces  wild 

birds  or  wild  animals  of  any  kind  or  species,  into  the  state  except  upon  written  per- 
mission of  the  commissioners  of  inland  fisheries  and  game,  shall  forfeit  not  less  than 
fifty,  nor  more  than  five  hundred  dollars.  Possession  of  any  jack-light,  *  *  * 
in  any  camp,  lodge  or  place  of  resort  for  hunters  or  fishermen,  in  the  inland  territory 
of  the  state,  shall  be  prima  facie  evidence  that  the  same  is  kept  for  unlawful  use; 
and  they  may  be  seized  by  any  officer  authorized  to  enforce  the  inland  fish  and  game 
laws.     *    *    * 

Fund;  Damage  by  deer:  Sec.  22  [As  amended  by  Laws  of  1905,  chap.  132. 
Establishes  nonresident  licenses  to  hunt  game,  fees  85-S15.]     All  money  received 

"State  u.  Craig  (Me.),  13  Atl.,  129. 


MAINE.  175 

-  - 1  Kill  be  forthwith  paid  to  the  treasurer  of  state,  and  ma)  be  expended 
1>\  the  commissioners  in  the  protection  of  moose  and  deer,  under  the  direction  of  the 
governor  and  council;  provided,  however,  that  the  commissioners  of  inland  fi- 
an-l  game  ma)  adjusl  and  pay.  from  funds  received  for  such  licenses,  for  actual  dai 
done  to  growing  crops  bj  deer;    *    *    * 

Prima  facie  evidence     S  [Prohibits  transportation  of  moose  and  deer  in 

season,  ami  in  open  season  unless  properly  ta^i'd]  ami  it  nhall  be  prima  fade 
e\  idence  that  said  game  being  transported  or  carried  in  violation  of  this  section  was 
illegally  killed;  _  ' 

Seizure  of  game:  All   birds,   fish   and   game   hunted,   caught,  killed, 

wil.  bought,  carried,  transported  or  found  in  possession  of  any  person  01 

poration,  in  violation  of  the  provisions  of  this  chapter,  -hall  be  Liable  to  Beizure;  and 

conviction  for  such  violation,  such  game  shall  be  forfeited  to  the  state,  to 

1  for  consumption  in  the  state  only,     Any  person  whose  game  <>r  fish  bas  been 

seized  for  violation  of  any  game  or  fish  law  shall  have  it  returned  to  him  on  giving  to 

the  officer  a  bond  with  sufficient  sureties,  residents  of  the  state,  in  double  the  amount 

of  the  fine  for  such  violation,  on  condition  that,  if   convicted  of  such  violation,  he 

will,  within  thirty  days  thereafter,  pay  such   fine  and   cost-,     [f   he   neglects  or 

refuses  to  give  such  bond  and  take  the  game  or  fish  bo  seized,  he  shall  have  no  action 

-t  the  officer  for  such  seizure,  or  for  the  loss  of  the  game  or  fish  seized. 

Guides' reports:  Sec.  32.  [Requires  guides  to  procure  certificate  from  commis- 
sioners of  inland  fisheries  and  game.]  Bach  registered  guide  shall,  from  time  to 
time,  as  often  as  requested  by  the  commissioner-,  forward,  on  blanks  furnished  him 
by  the  commissioners,  a  statement  of  the  number  of  persons  he  has  guided  in  inland 
fishing  and  forest  hunting  during  the  time  called  for  in  said  statement,  the  number 
of  days  h»'  ha-  been  employed  as  a  guide,  and  such  other  useful  information  relative 
t<»  inland  fish  and  game,  f<  iresl  fires  and  the  preservation  of  the  forests  in  the  localities 
where  he  has  guided,  as  the  commissioners  may  deem  of  importance  to  the  state, 
under  a  penalty  of  fifty  dollars  for  unreasonably  or  willfully  refusing  to  comply  with 
these  requirements. 

Laws  of  1907,  chap.  118,  p.  132. 

Alien  licenses:  Ski.  1.  [Reqjiires  unnaturalized  foreign-born  persons  who  have 
not  resided  in  the  state  for  2  years  prior  to  passage  of  this  act  and  who  are  not  tax 
payers  to  procure  a  license  before  hunting.] 

Fee;  Production  of  license;  Disposition  of  funds:  Sec.  2.  [Licenses  issued  by 
commissioners  «»f  fisheries  and  game,  fee  $15.]  Said  licenses  shall  not  be  transfer- 
able and  shall  be  exhibited  upon  demand  to  any  of  the  commissioners  of  inland 
fisheries  and  game,  and  to  any  game  warden  or  deputy  game  warden,  and  to  any 
sheriff,  constable,  police  officer  or  other  officer  qualified  to  serve  process.  Th- 
received  from  said  licenses  shall  annually  be  paid  into  the  state  treasury  and 
expended  by  the  commissioners  of  inland  fisheries  and  game  for  the  protection  of 
game  and  birds. 

Prima  facie  evidence;  Seizure  and  disposition  of  firearms:  Sic  :,.  If  any 
firearm  or  firearms  are  found  in  the  possession  of  any  foreign-born  unnaturalized 
person  required  to  be  licensed  under  the  provisions  of  this  act,  when  he  is  upon  the 
wild  lands  or  woods  of  the  State,  not  having  a  license  as  herein  provided,  it  shall  be 
prima  facie  evidence  that  such  person  is  hunting  in  violation  of  the  provisions  of  this 
art  and  he  shall  be  subject  to  a  penalty  of  twenty-live  dollars  and  costs  for  each 
offense,  and  a  further  penalty  of  forfeiture  to  the  State  of  all  firearms  found  in  his 
-sion  in  violation  of  this  section,  and  any  person  authorized  to  enforce  the 
inland  fish  and  game  laws  \q  authorized  to  seize  all  firearms  found  in  posse— ion  in 
violation  of  the  provisions  of  this  section,  and  shall   forthwith  forward  them  to  the 


178  GAME    (  <).\I  MISSIONS    AND    WARDENS. 

commissioners  at  Augusta,  and  upon  conviction  of  the  person  or  persons  from  whom 
they  were  Beized  shall  sell  them,  the  proceeds  from  such  Bale  to  be  paid  to  the  treas- 
urer of  state  and  expended  by  the  commissioners  of  inland  fisheries  and  game  for  the 
protection  of  fish  and  game. 

MARYLAND. 

Public  General  Laws,  1904,  Vol.  II.  Art.  XCIX,  p.  2103. 

Game  warden;  Compensation:  [sec]  :!•").  The  Governor  of  this  State  on  the 
tenth  day  of  April.  1896,  and  every  two  years  thereafter  shall  appoint  a  game  warden 
for  the  State  whose  term  of  office  shall  be  for  two  year- or  until  his  successor  be 
appointed.  The  said  game  warden  shall  receive  a  salary  from  the  State  for  hkf 
services  of  twelve  hundred  dollars  per  annum,  and  shall  be  entitled  to  an  expense 
account  for  actual  traveling  expenses,  and  other  expenses  incurred  in  the  discharge 
of  his  duties,  to  an  amount  not  to  exceed  in  any  one  year  the  sum  of  six  hundred 
dollars,  and  shall  receive  a  portion  of  the  fines  arising  from  the  violation  of  the  game 
and  fish  laws  when  the  offenders  shall  be  prosecuted  by  said  game  warden  or  his 
deputy  game  wardens,  as  hereinafter  provided.  The  said  game  warden  may  be 
removed  by  the  Governor  of  this  State  at  any  time  upon  proof  satisfactory  to  him 
that  said  game  warden  is  not  vigorously  enforcing  the  game  or  fish  laws  of  this  State, 
or  is  not  a  fit  person  for  said  position.     *     *     * 

Duties:    [Sec]  36.  It  shall  be  the  duty  of  the  said  game  warden  and  his  deputy 
game  wardens  to  prosecute  all  persons  and  corporations  having  in  their  posa    - 
any  name  or  fish  contrary  to  either  the  general  or  local  game  or  fish  laws  of  this 
State.     It  shall  also   be  their  duty  to  see  that  the  game  and  fish  laws  are  enforced 
and  obtain  information  as  to  all  violations  of  the  said  game  and  fish  laws. 

Deputies;  Compensation:  [Sec.]  37.  Whenever  the  game  warden  considers  that 
it  is  necessary  that  he  should  have  deputy  game  wardens  appointed  to  assist  him  in 
more  efficiently  enforcing  the  game  and  fish  laws  of  this  State,  he  may  apply  to 
the  governor  to  commission  such  persons  as  he  may  designate  to  act  as  deputy  game 
wardens  in  the  counties  and  cities  of  the  State,  to  enforce  the  game  and  fish  laws  of 
this  State,  and  carry  out  all  the  provisions  of  this  subtitle;  such  persons  may  be 
appointed  for  the  whole  State  or  for  such  counties  or  cities  as  the  governor  in  his 
commission  shall  designate.  If  the  governor  approve  such  persons  he  may  appoint 
them  deputy  game  wardens;  such  deputy  game  wardens  shall  not  receive  a  salary 
from  the  State,  cities  or  counties,  but  shall  be  paid  such  compensation  out  of  the 
fines  collected  or  otherwise,  as  the  game  Warden  may  agree  with  them. 

Commission:  [Sec]  38.  The  governor  shall  issue  to  each  person  so  appointed  as 
deputy  game  warden  a  commission,  and  transmit  such  commission  to  the  clerk's 
office  of  the  circuit  court  for  the  county  in  which  the  deputy  game  warden  so  appointed 
has  his  legal  residence,  or  to  the  office  of  the  clerk  of  the  superior  court  of  Baltimore 
city,  if  residing  in  Baltimore  city,  and  he  may  revoke  and  annul  any  such  appoint- 
ment at  his  pleasure. 

Duties  and  powers  of  deputies:  [Sec]  39.  [Deputy  wardens  required  to  take 
oath  of  office.]  The  game  warden  throughout  the  State,  and  also  every  deputy  game 
warden  so  appointed,  after  the  recording  of  the  oath  or  affirmation  to  be  by  said  game 
warden  or  deputy  game  wardens  taken  as  aforesaid,  shall,  in  the  county,  counties, 
city  or  cities  for  which  such  deputy  game  warden  may  be  appointed,  possess  and 
exercise  all  the  authority  and  'powers  held  or  exercised  by  constables  at  common  law 
and  under  the  statutes  of  this  State,  and  also  all  authorities  and  powers  conferred  by 
law  upon  policemen  in  the  City  of  Baltimore  or  other  cities  of  the  State,  as  far  as 
arresting  and  prosecuting  the  persons  for  violating  any  of  the  fish  and  game  laws  of 
this  State  are  concerned;  and  they  are  hereby  vested  with  additional  power  to  arrest 
without  warrants  persons  suspected  or  known  to  be  guilty  of  violating  any  of  the 
provisions  of  the  game  and  fish  laws  of  this  State,  and  to  forthwith  take  any  and  all 


MARYLAND.  1  7'.' 

inch  persona  before  the  nearest  justice  of  the  peace  to  be  dealt  with  in  accordance 

with  tin-  provisions  of  the  ga and  fish  lawa  ol  this  State.     In  the  event  of  finding 

game  or  n»h  taken  ..r  had  in  |>oegession  contrary  to  the  provisions  of  any  of  the  game 
or  fish  laws  of  this  State,  upon  the  persona  so  dealt  with,  the}  Bhall  proceed  in  the 
manner  prescribed  in  Sections  »'•.  11.  16  and  46.     *    *    * 

Warden's  badge:     S  ime  warden  and  deputy  game  warden  Bhall, 

when  acting  in  his  official  capacity,  except  when  on  detective  duty,  wear  in  plain 
vii-u  a  metallic  shield  with  the  words  "  Game  Warden  "  or  "  Deputy  Game  Warden/1 
e  case  may  be,  inscribed  thereon.     *    *    * 

Dismissal:  [S»  |  41  Whenever  the  services  of  any  deputy  game  warden  shall 
no  longer  be  required  by  the  game  warden,  the  game  warden  shall  give  a  notice  in 
writing  to  this  effect  to  Baid  deputy  game  warden,  and  Bhall  file  tin-  -a  me  in  the  office 
of  the  clerk  where  the  oath  of  office  of  Buch  deputy  game  warden  Bhall  be  recorded, 
which  notice  shall  be  noted  by  the  clerk  upon  the  margin  of  the  record  w  here  Buch 
oath  or  affirmation  is  recorded,  and  thereafter  tin-  power  of  this  deputy  game 
warden  -hall  cease  and  determine,  and  a  copy  of  Buch  notice  Bhall  be  immediately 
■erved  on  such  deputy  game  warden  by  the  game  warden  and  Buch  service  Bhall  be 
gistered  letter  to  the  U.  S.  mails  or  by  the  sheriff  of  the  county  in  which  the 
commission  of  the  said  deputy  game  warden  so  removed  shall  be  recorded. 

Disposition  of  fines:  [Sac.]  42.  In  all  cases  in  which  prosecutions  for  violations 
of  any  of  the  general  or  local  game  or  fish  laws  of  this  Stan-  Bhall  l  e  instituted  by 
_  ime  warden  or  any  deputy  game  warden,  and  shall  result  in  the  collection  of  a 
fine  or  tines,  then  all  of  such  tine  or  fines,  alter  the  proper  court  costs  or  costs  of  the 
justice  of  the  peace  in  convicting  such  offenders  shall  have  been  paid,  Bhall  be  paid 
to  the  game  warden  as  his  compensation.  And  all  public  and  local  game  and  fish 
laws  heretofore  enacted  are  hereby  so  amended  as  to  make  the  fines  therein  provided 
payable  to  the  game  warden  according  to  the  terms  of  this  section.  This  section 
shall  not  prevent  the  collection  of  any  portion  of  such  tines  given  bylaw  to  the 
informer  by  any  person  not  a  game  warden  or  deputy  game  warden  procuring  the 
conviction  of  any  person  violating  the  name  and  fish  laws. 

Search  warrant:  [Sec.]  43.  If  the  name  warden  or  any  deputy  game  warden  has 
reason  to  believe  that  any  person  or  corporation  has  in  his  or  its  possession,  contrary 
to  law.  any  game  as  defined  by  section  35,  [deer,  wild  turkey,  pinnated  grouse, 
ruffled  grouse  or  pheasants,  Mongolian  and  English  pheasants,  woodcock,  partridge 
pr  quail,  rabbits,  squirrels,  duck-,  geese,  and  all  other  species  of  wild  fowl]  or  fish, 
it  shall  be  the  duty  of  the  game  warden  or  such  deputy  game  warden  to  Lro  before 
any  justice  of  the  peace  in  the  county  or  city  in  which  the  game  or  fish  may  be,  and 
make  affidavit  of  that  fact;  said  justice  shall  thereupon  issue  a  Bearch  warrant  against 
the  person  or  corporation  so  complained  of,  directed  t"  any  constable  of  the  -aid 
county  or  city,  commanding  him  to  proceed  at  once  and  Bearch  for  said  game  or  fish 
and,  upon  finding  the  same,  to  seize  and  take  possession  of  the  same  and  keep  it 
until  further  order  by  the  justice.  The  said  constable  shall  read  said  warrant  to  the 
owner  or  person  in  whose  possession  Baid  game  or  fish  is  supposed  to  he.  Said  war- 
rant shall  he  returnable  within  not  less  than  twelve  hour-  nor  more  than  twenty-four 
hours  from  the  date  thereof. 

Proceedings:    [Sec.]  44.    At  the  time  mentioned  in  said  warrant,  said  ju-tice  shall 

ed  to  hear  and  determine  whether  Baid  game  or  fish  was  in  the  possession  of 

the  person  or  corporation  contrary  to  law  ;  and  if  the  said  justice  shall  find  that  said 

irame  or  fish  was  in  the  possession  of  the  defendant  contrary  to  law,  then  said  justice 

shall  enter  judgment  against  the  defendant  and  order  sale  of  the  game  or  fish  so 

I;  hut  if  the  said  justice  shall  find  that  the  possession  of  Buch  game  or  fish  was 

not  contrary  to  law.  then  the  judgment  shall  be  that  the  same  he  returned  to  the 

•i  or  corporation  from  whom   the  same  was   taken.      An  appeal  to  the  circuit 

court  for  the  county,  or  the  Baltimore  city  court,  a-  the  case  may  he.  may  he  taken 

4358— No.  28—07 1:5 


180  GAME    COMMISSIONS    AND    WARDENS. 

within  two  hours  by  the  defendant  from  the  judgment  of  the  justice  upon  giving 
sufficient  bond  to  cover  the  cost  of  the  appeal  and  the  value  of  the  game  or  fish 
seized,  to  be  determined  by  the  justice. 

Sale  of  seized  game :  [Sec.  ]  45.  In  case  of  judgment  and  order  of  sale,  as  specified 
in  section  44,  and  in  absence  of  appeal  and  the  filing  of  a  proper  bond,  as  provided  by 
said  section,  then  said  constable  shall  at  once  post  two  notices,  one  at  the  justice's 
doorand  theotherat  the  place  of  sale,  specifying  in  each  notice  the  time  and  place  of  sale, 
not  less  than  live  hours  from  the  hour  at  which  the  judgment  was  rendered,  and  also  a 
description  of  the  game  or  fish  to  be  sold;  said  place  of  sale  shall  be  at  the  most  public 
place  obtainable  for  the  purpose.  Said  constable  shall,  at  the  time  and  place  men- 
tioned in  said  notice,  sell  such  game  or  fish  at  public  auction  to  the  highest  bidders 
for  cash,  and  at  once  pay  the  proceeds  of  such  sale  to  the  justice;  said  constable  shall 
give  the  purchaser  a  certificate  of  purchase  in  which  shall  be  a  particular  description 
of  the  game  or  fish  sold,  together  with  the  date  of  sale. 

Disposition  of  proceeds:  [Sec]  46.  If  there  has  been  no  appeal,  or  if  the  judg- 
ment of  the  justice  is  affirmed  on  appeal,  the  said  justice  shall  deduct  his  costs,  if  not 
already  paid,  together  with  the  constable's  costs,  which  shall  include  a  fee  of  ten  per 
centum  of  the  amount  of  the  proceeds  of  the  sale  for  his  services  as  auctioneer,  and 
shall  distribute  the  balance  of  such  proceeds  of  sale  or  the  ascertained  value  of  the 
game  or  fish  seized  as  secured  by  the  bond,  as  follows:  One-half  shall  be  paid  to  the 
game  warden,  which  shall  be  kept  by  him  for  his  services,  and  one-half  shall  be  paid 
into  the  county  or  city  treasury  for  the  benefit  of  the  school  fund. 

Nonliabilty :  [Sec]  47.  The  game  warden  and  the  deputy  game  wardens  shall 
not  be  liable  for  any  damage  or  costs  sustained  by  any  person  or  corporation  by  rea- 
son of  the  wrongful  seizure  of  game  or  fish  under  this  sub-title;  provided,  however, 
that  the  enforcement  of  this  sub-title  shall  in  nowise  prevent  prosecution  of  persons 
or  corporations  for  violations  of  the  game  or  fish  laws  of  this  State. 

State  fishery  force;  State  officers:  [Sec]  48.  Whenever  the  game  warden  shall 
require  the  assistance  of  the  State  fishery  force  he  shall  so  advise  the  governor  who. 
acting  for  the  board  of  public  works  shall,  if  he  approve  the  request  of  the  game 
warden,  instruct  the  commander  of  the  State  fishery  force  to  forthwith  assist  the 
game  warden  in  the  enforcement  of  the  game  and  fish  laws  of  the  State.  And  when- 
ever the  game  warden  or  the  deputy  game  wardens  shall  require  the  advice  and 
assistance  of  the  State's  attorneys  and  sheriffs  of  the  several  counties  of  the  State  or 
of  Baltimore  city,  it  shall  be  the  duty  of  said  officers  to  render  the  required  assistance 
as  in  other  State  cases. 

Liability  of  accessory:  [Sec]  5.  Any  person  aiding  or  abetting  another  by  fur- 
nishing a  boat  or  float  of  any  description,  or  gun  or  ammunition,  to  be  used  in  viola- 
tion of  sections  1,  2  or  3  [prohibiting  shooting  waterfowl  bedded  in  flocks  from  any 
floating  craft  or  boat;  shooting  same  from  boats  or  craft  of  any  kind  while  said 
waterfowl  are  flying  about  their  feeding  grounds  or  elsewhere  over  the  waters  of  the 
State]  of  this  article,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  dealt 
with  and  fined  as  if  he  had  violated  them  himself. 

Arrest;  Seizure:  [Sec]  6.  Any  officer  of  the  State  fishery  force,  sheriff,  constable 
or  commissioned  militia  officer  of  the  county  wherein  the  provisions  of  this  article 
relating  to  water-fowl  may  be  violated,  who  shall  be  satisfied  either  upon  his  own 
view  or  information  received  of  any  other  person,  whether  on  oath  or  not,  that  any 
one  has  violated  the  said  provisions,  is  authorized  and  empowered  to  arrest  and  take 
into  custody  such  person  so  offending,  and  the  boatmen  or  other  persons  found  on 
board  of  the  vessel,  boat,  float,  canoe  or  craft  employed  to  convey  such  offender  for 
the  purpose  of  shooting  at  or  killing  wild  ducks  or  wild  fowl  of  any  description  con- 
trary to  the  provisions  of  this  article,  and  shall  seize  and  take  into  his  possession  the 
said  vessel,  boat,  float,  canoe  or  craft,  and  the  gun  or  guns,  ammunition  and  decoy 
ducks  in  the  same  or  in  the  use  or  possession  of  the  offender  or  offenders. 


Prima  I  I  ;    officen  shall   I  :in  \    th< 

rretrted  before  a  justice  of  the  peace  of  the  count)  wherein  the  offense  int) 
mmitted,  repre»enting  \><  the  justice  1 1 1 « -  breach  of  the  law  committed;  and  the 
iistice  -hall  inquire  fully  int..  tin-  alleged  offense,  of  n  hich  th.-  tin*  1  i 1 1  — 

mplo} >•.!  I  or  int!'  f  the 

ns  charged  shall  I m>  considered  as  jrrima  facit  evidence  of  guilt. 

Pre  [f  after  .i  full  investigation  the  said  justice  thai]  think  the 

e  -hail  .list  n  is-  the  same  :it  the  cost  of  the  county;  hut  if  be  shall 

the  opinion  that  any  wild  ducks  or  other  water-fowl  have  been  shot  at  or  killed 

•..us  l.  l*  m- ."..  he  shall  render  a  judgment  of  not  less  than  ten  nor 

than  one  hundred  dollars  against  each  person  engaged  directly  or  indirectly 

therein  for  each  offense,  and  he  may  commit  him  to  the  county  j;iil  in  the  event  of 

■•  [>aying  the  fine  thus  imposed,  if  the  officer  making  the  arrest  and  seizure 

it;  and  if  committed,  the  officer  who  desired  the  commitment  Bhall  pay  the 

jail  fees  at  the  rate  of  twenty-five  cents  per  day,  and  in  case  of  a  failure  t«.  pay 

the  said  fees  for  the  space  of  three  consecutive  days,  the  party  whose  jail  fees  shall 

thus  remain  unpaid  shall  be  discharged  from  confinement 

Sale  of  seized  appliances:  [Sec.]  9.  The  justice  shall  also  adjudge  and  condemn 
a<  forfeited  to  said  officer  and  to  the  person  or  persons  who  may  have  aided  him  in 
making  the  arrest  and  seizure  the  vessel,  boat,  float,  canoe  or  craft,  together  with  the 
tackle,  furniture  and  apparel  on  board  of  the  same  at  the  time  of  the  seizure,  and  all 
or  any  other  property  in  the  possession  of  the  said  officer,  found,  seized,  and  taken 
■d-  aforesaid;  and  the  said  officer  with  the  person  or  persons  who  aided  him  in  making 
tin-  arrest  and  seizure  shall  sell  the  Bame  to  the  highest  bidder  for  cash  after  ten 
days'  n<  ■• : 

Appeal:  [Sec.]  10.  If  any  person  so  convicted  shall  think  himself  aggrieved  by 

■och  conviction,  he  shall  be  at  liberty  to  appeal  from  the  judgment  of  the  justice  of 

the  peace,  within  ten  day-  from  the  rendition  thereof,  to  the  circuit  court  for  the 

county  wherein  the  offense  is  alleged  to  have  been  committed;  provided,  he  give  bond 

to  the  State  with  two  sufficient  securities,  to  be  approved  by  the  said  jus-tire,  in  a 

penal  sum  of  double  the  amount  in  value  of  the  boat  or  craft  and  property  so  seized 

and  the  fines  imposed,  to  be  estimated  by  the  said  justice,  conditioned  to  prosecute 

his  appeal  to  the  circuit  court:  and   it   shall  be  the  duty  of  the  justice  taking  the 

appeal  bond  immediately  to  deliver  the  same  to  the  officer  who  made  the  arrest; 

and  in  case  of  forfeiture  of  the  bond  the  said  officer  may  prosecute  the  same  for  his 

id  the  use  of  those  engaged  with  him  in  making  the  arrest  and  seizure. 

Resisting-  officer:  [Sec.]  11.  If  resistance  be  made  to  the  officer  engaged  in  mak- 

or  seizure,  such  resistance  shall  be  deemed  a  misdemeanor,  pn 

able  by  the  grand  jury  of  the  county,  and  punishable  in  the  circuit  court  therefor 

by  line  and  imprisonment  as  other  misdemeanors  are  punished. 

Disposition  of  proceeds;  Exception:  [Sec.]  12.  After  the  payment  of  the  costs 
of  the  prosecution  of  the  offenders,  the  balance  arising  from  the  line  and  the  sale  of  the 
boat  and  other  property  hereinbefore  mentioned  shall  be  divided  and  apportioned 
in  the  following  manner:  one-half  to  the  officer  and  those  who  assisted  him  in  making 
the  arrest  and  seizure,  and  the  balance  to  he  paid  over  to  the  county  commissi 
for  the  benefit  of  the  school  fund  of  the  county.  The  preceding  sections  shall  not 
apply  to  Baltimore,  Harford  orCecil  counties,  as  to  which  special  provision  is  made 
in  the  local  laws  thereof. 

Confiscating  gun:   [Sec]    22.   [Prohibits  use  of  any  gun  other  than  one  tired 

from  the  shoulder]  and  every  gun  which  is  not  -.-habitually  fired  from  the  shoulder, 

resaid,  shall  be  liable  to  seizure  by  any  State  or  county  officer  authorized  to 

te  warrants,  and   the  forfeiture  and   destruction  by  any  justice  of  the  peace 

before  whom  such  gun  shall  be  produced. 


182  GAME    COMMISSIONS    AND    WARDENS. 

Prima  facie  evidence:  [Sec.]  2.3.  [Prohibits  shooting  of  any  birds  at  night] 
and  if  at  the  trial  it  shall  be  proved  that  the  person  charged  with  shooting  at  or  the 
killing  said  birds  in  the  night  time  was  at  or  about  the  place  where  the  shot  was 
fired,  and  that  he  had  a  gun  in  his  possession  on  the  night  in  question,  in  the  vicinity 
w rhere  such  shooting  occurred,  either  prior  to  or  at  the  time  of  or  after  the  shooting, 
such  fact  shall  be  deemed  prima  facie  evidence  of  his  having  violated  the  provisions 
of  this  section. 

Big  guns;  Prima  facie  evidence:  [Sec]  24.  [Prohibits  possession,  sale  and 
disposition  of  big  or  swivel  guns  for  hunting  wildfowl,]  and  the  possession  of,  sale 
or  disposition  by  any  person  of  any  such  big  or  swivel  gun  in  this  State  shall  be 
deemed  prima  facie  evidence  that  the  same  is  possessed  or  sold,  or  disposed  of 
with  the  intent,  and  for  the  purpose  of  shooting  at  or  killing  such  birds  in  this  State, 
and  every  gun  shall  be  deemed  a  big  gun,  for  the  purpose  of  this  law,  which  is  not 
habitually  raised  at  arm's  length  and  fired  from  the  shoulder,     *     *    * 

Jurisdiction;  Informer:  [Sec]  31.  The  justices  of  the  peace  of  this  State  in  and 
for  the  city  or  county  wherein  the  offense  shall  be  committed  shall  have  jurisdiction 
to  hear  and  determine  all  prosecutions  for  the  purpose  of  enforcing  fines  and  penal- 
ties *  *  *  and  in  all  cases  where  such  prosecutions  are  begun  or  instituted  by 
any  person  other  than  the  State  game  warden  or  one  of  the  deputy  game  wardens  of 
this  State,  and  shall  result  in  the  collection  of  a  fine  or  fines,  then  one-half  of  such 
fine  or  fines,  after  the  proper  court  costs  or  costs  of  the  justice  of  the  peace  in  the 
trial  and  decision  of  the  case  shall  have  been  paid,  shall  be  paid  to  the  informer,  and 
the  Other  half  to  the  school  fund  of  the  city  or  county  in  which  said  prosecution  is 
conducted. 

MASSACHUSETTS. 

Revised  Laws,  1902,  chap.  91,  p.  787. 

Commissioners:  Sec  2.  There  shall  be  a  board  of  commissioners  on  fisheries  and 
game  consisting  of  three  persons  who  shall  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  for  the  term  of  five  years  from  the  time  of  their 
appointments  and  who  shall  be  removable  at  the  pleasure  of  the  governor. 

Arrest  without  warrant:  Sec  4.  The  commissioners  and  their  deputies,  mem- 
bers of  the  district  police  and  all  officers  qualified  to  serve  criminal  process  may 
arrest  without  wTarrant  any  person  whom  they  find  violating  any  of  the  fish  or  game 
laws,  except  that  persons  engaged  in  the  business  of  regularly  dealing  in  the  buying 
and  selling  of  game  as  an  article  of  commerce  shall  not  be  so  arrested  for  having  in 
possession  or  selling  game  at  their  usual  places  of  business. 

Fines  and  forfeitures:  Sec.  137.  All  fines,  penalties  and  forfeitures  recovered  in 
prosecutions  under  the  laws  relative  to  fisheries,  *  *  *  shall  be  equally  divided 
between  the  complainant  and  the  commonwealth  but  if  the  complainant  is  a  deputy 
appointed  by  the  commissioners  on  fisheries  and  game  and  receiving  compensation 
from  the  commonwealth,  such  fines,  penalties  and  forfeitures  shall  be  paid  into  the 
treasury  of  the  commonwealth. 

Revised  Laws,  chap.  92,  p.  809. 

Prima  facie  evidence:  Sec  11.  [As  amended  by  Laws  of  1906,  chap.  241.] 
*  *  *  The  constructing  or  setting  of  a  trap,  snare  or  net  adapted  for  the  taking  or 
killing  of  a  game  bird,  water  fowl,  hare  or  rabbit,  upon  premises  frequented  by  them, 
shall  be  prima  facie  evidence  of  such  constructing  and  setting  with  intent  to  take  and 
kill  contrary  to  law;  and  possession  of  a  ferret  in  a  place  where  the  game  mentioned 
in  this  section  might  be  taken  or  killed,  shall  be  prima  facie  evidence  that  the  person 
having  it  in  possession  has  used  it  for  taking  and  killing  game  contrary  to  law. 
Ferrets  which  are  used  in  violation  of  the  provisions  of  this  section  shall  be 
confiscated. 


M  U38A4  HU8ETT8.  L88 

Authority  of  Goxmnii  i'1    rheauthorit)  ol  the  commit 

fisheries  and  game  and  of  their  deputies  Bhall  extend  to  the  propagation,  protection 
end  preservation  of  birds  and  animal-  in  like  manner  a-  to  fish. 

Disposition  of  tiii  |  Ls  amended  by  Laws  ofl  907,  chap.  300.]    Allnnec 

end  forfeitures  accruing  under  the  provisions  of  laws  relating  t"  birds,  mammal*  and 
shall  he  paid  and  <li-|>< •-<•.!  of  in  accordance  with  tin-  provisions  •>!  section  one 
hundred  and  thirty-seven  of  chapter  ninety-one. 

Aits  of  1902,  chap.   1^7,  p.  64. 

Prima  facie  evidence:  Si:c.  •_'.  I\ '-session  of  the  wild  or  undomesticated  birds 
specified  in  this  act  [nongame  birds,  except  certain  species,]  shall  be  prima  facie 
evidence  that  they  have  been  captured  and  are  held  in  possession  contrary  to  law. 

Acts  of  1904,  (hap.  367,  p.  237. 

Seizure:  Sec.  1.  A.ny  commissioner  on  fisheries  and  game,  deputy  commissioner 
(.n  fisheries  and  game,  member  of  the  district  police,  or  officer  qualified  to  - 
criminal  process,  may.  with  a  warrant,  search  any  boat,  car,  box,  locker,  crate,  or 
package,  and  any  building,  where. he  has  reason  to  believe  any  game  or  fish  taken  or 
held  in  violation  of  law  is  to  be  found,  and  may  seize  any  game  or  fish  so  taken  or  held, 
and  any  game  or  fish  so  taken  or  held  shall  be  forfeited:  Provided,  however,  That 
this  section  shall  not  authorize  entering  a  dwelling  house,  or  apply  to  game  or  fish 
which  is  passing  through  this  Commonwealth  under  authority  of  the  laws  of  the 
United  States. 

Search  warrant:  Sec.  2.  A  court  of  justice  authorized  to  issue  warrants  in  criminal 
shall,  upon  complaint  under  oath  that  the  complainant  believes  that  nny  game 
or  fish  unlawfully  taken  or  held  is  concealed  in  a  particular  place,  other  than  a 
dwelling  house,  if  satisfied  that  there  is  reasonable  cause  for  such  belief,  issue  a 
warrant  to  search  therefor.  The  search  warrant  shall  designate  and  describe  the 
place  to  he  searched  and  the  articles  tor  which  search  is  to  he  made,  and  shall  he 
directed  to  any  officer  named  in  section  one  of  this  act,  commanding  him  to  search 
the  place  where  the  game  or  fish  for  which  he  is  required  to  search  is  believed  to  be 
concealed,  and  to  seize  such  game  or  fish. 

Approved  .May  23,  L904. 

Acts  of  1905,  chap.  317,  p.  236. 

An  act  t<>  provide  f'>r  urr;t!Hi!iKr  to  unnaturalized,  foreign  born  ]>cr^>n-;  licenses  t<>  hunt. 

Production  of  alien  license:  Sec.  2.  *  *  *  The  said  license  shall  not  he 
transferable,  and  shall  he  exhibited  upon  demand  to  any  of  the  commissioners  on 
fisheries  and  <_rame  or  their  deputies,  and  to  any  game  warden  or  deputy  game 
warden,  and  to  any  sheriff,  constable,  police  officer  or  other  officer  qualified  to  serve 
Tin-  fees  received  for  the  said  Licenses  shall  annually  he  paid  into  the 
treasury  of  the  Commonwealth. 

Approved  April  21,  1905. 

Acts  of  1907,  chap.  198,  p.  116. 

Nonresident  hunting-  license,  production  of  :  Si;c.  4.  No  license  shall  be  valid 
unless  the  signature  of  the  person  to  whom  it  is  issued  is  written  thereon,  and  every 
such  person  .-hall  at  all  times  when  hunting  carry  his  license  on  his  person,  and 
shall  at  all  reasonable  times  and  as  often  as  requested  produce  and  show  such  license 
to  any  person  requesting  him  to  do  so,  and  if  he  fails  or  refuses  BO  to  do  he  shall 
forfeit  the  license  and  he  deemed  to  he  huntingin  violation  of  the  provisions  of  this  act. 

Failure  to  produce  license  ;  Arrest  without  warrant  :  Bec.  »'•.  The  commis- 
sioners on  fisheries  and  game,  and  the  detectives  in  their  employ,  shall  have  the  right, 


184  GAME    COMMISSIONS   AND    WARDENS. 

after  demand  and  refusal  or  failure  to  exhibit  any  such,  license,  to  arrest  without 
warrant  any  non-resident  person  or  persons  found  hunting,  pursuing  or  killing  any 
wild  animal,  wild  fowl  or  bird,  and  for  the  purpose  of  this  arrest  any  person  who 
shall  refuse  t<>  state  his  name  and  place  of  residence  on  demand  of  such  officer  shall 
be  deemed  a  non-resident. 

MICHIGAN,  a 

Compiled  Laws,  1897,  chap.  150,  p.  1800. 

State  game  warden;  Appointment:  (5753)  Sec.  1.  That  it  shall  be  the  duty  of 
the  Governor  to  appoint  some  person,  a  resident  of  this  state,  game  and  fish  warden. 
Said  warden  shall  hold  his  office  for  four  years,  or  until  his  successor  has  been 
appointed  and  qualified,  unless  removed  for  cause  by  the  Governor.  [Other  provi- 
sions of  this  section  superseded  by  Laws  of  1899,  No.  37.] 

Duties;  Actions:  ( 5754)  Sec.  2. «  It  shall  be  the  duty  of  said  game  and  hsh  warden 
to  *  *  *  enforce  the  statutes  of  this  State  for  the  preservation  of  moose,  wapiti, 
deer,  birds  and  fish,  and  to  enforce  all  other  laws  of  this  State  for  the  protection  and 
propagation  of  birds,  game  and  fish  now  in  force,  or  hereafter  enacted,  and  to  bring 
or  cause  to  be  brought  and  to  prosecute  or  cause  to  be  prosecuted  actions  and  pro- 
ceedings in  the  name  of  the  people  of  this  State  to  punish  any  parties  for  the  viola- 
tion of  said  statutes  and  laws.  Such  actions  and  proceedings  may  be  brought  in  the 
name  of  the  people  in  the  like  cases,  in  the  same  courts,  and  under  the  same  circum- 
stances as  they  may  now  or  at  any  time  hereafter  be  brought  by  any  individual  or 
by  the  prosecuting  attorneys  of  the  several  counties  under  and  by  virtue  of  any  laws 
now  existing  or  hereafter  enacted. 

Search;  Prima  facie  evidence;  Seizure:  (5755)  Sec.  3.  &  Said  warden  may  make 
complaint  and  cause  proceedings  to  be  commenced  against  any  person  for  the  violation 
of  any  of  the  laws  for  the  protection  or  propagation  of  game  or  fish  without  the  sanc- 
tion of  the  prosecuting  attorney  of  the  county  in  which  such  proceedings  are  com- 
menced, and  in  such  case  he  shall  not  be  obliged  to  furnish  security  for  costs.  Said 
warden  may  also  appear  for  the  people  in  any  court  of  competent  jurisdiction  in  any 
case  for  violation  of  any  of  the  laws  for  the  protection  or  propagation  of  fish  or  game, 
and  prosecute  the  same  in  the  same  manner  and  with  the  same  authority  as  the 
prosecuting  attorney  of  the  county  in  which  such  proceedings  are  commenced.  Said 
warden  shall  have  power  to  search  any  person  and  examine  any  boat,  conveyance, 
vehicle,  fish  box,  fish  basket,  game  bag,  or  game  coat,  or  any  other  receptacle  for 
game  or  fish,  when  he  has  good  reason  to  believe  that  he  will  thereby  secure  evi- 
dence of  the  violation  of  the  law;  and  any  hindrance  or  interference,  or  attempt  at 
hinderance  or  interference  with  such  search  and  examination,  shall  be  prima  facie 
evidence  of  a  violation  of  the  law  by  the  party  or  parties  who  hinder  or  interfere  with, 
or  attempt  to  hinder  or  interfere  with  such  search  and  examination.  Said  game  and 
fish  warden  shall  at  any  and  all  times  seize  and  take  possession  of  any  and  all  birds, 
animals  or  fish  which  have  been  caught,  taken  or  killed,  at  a  time,  in  a  manner  or 
for  a  purpose,  or  had  in  possession  or  under  control,  or  have  been  shipped  contrary 
to  any  of  the  laws  of  this  State,  such  seizure  may  be  made  without  a  warrant.  Any 
court  having  jurisdiction  of  the  offense,  upon  receiving  proof  of  probable  cause  for 
believing  in  the  concealment  of  any  bird,  animal  or  fish,  caught,  taken,  killed,  had 
in  possession,  under  control,  or  shipped  contrary  to  any  of  the  laws  of  this  State, 
shall  issue  a  search  warrant  and  cause  a  search  to  be  made  in  any  place,  and  to  that 
end  may  cause  any  building,  enclosure,  or  car  to  be  entered,  and  any  apartment, 
chest,  box,  locker,  crate,  basket  or  package  to  be  broken  open  and  the  contents 
thereof  examined  by  said  game  and  fish  warden.     All  birds,  animals  or  fish  or  nets 

"  Acts  of  1907  not  received. 

?>For  a  judicial  exposition  of  this  section,  see  Osborn  v.  Charlevoix  Circuit  Judge 
(Mich.),  72  K  W.,  982. 


MICHIGAN.  L85 

or  fishing  appliances  or  apparatus  seized  bj  the  said  game  and  fish  warden  shall  l»- 
disposed  of  in  such  manner  as  may  be  directed  by  the  courl  before  whom  the  ofl 

1  or  by  am  court  of  competent  jurisdiction.     Bald  game  and  fish  irarden 
not  be  liable  for  damages  on  account  of  any  search,  examination  or  seizun 
the  destruction  of  any  nets  or  fishing  apparatus  of  any  kind,  In  accordance  with  the 
pro\  isions  of  this  act. 

Process;  An-     ■  laidgameand  fish  warden  shall  have  the  same  power 

re  criminal  process  as  sheriffs,  and  shall  have  the  same  righl  as  sheriffs  to  require 
aid  in  executing  such  process.    Said  warden  may  arrest,  without  warrant,  any  ; 
caught  by  him  in  the  act  of  violating  any  of  the  aforesaid  laws  for  the  protection  or 
propagation  of  birds,  game  or  fish,  and  take  such  person  forthwith  before  a  justice 
of  the  peace,  or  other  magistrate  having  jurisdiction,  who  shall   proceed  without 

dela}  to  hear,  try  and  determine  the  matter,  and  the  same  proc Lings  shall  be  ha  i 

ar  a-  may  be,  as  in  other  criminal  matters  triable  before  a  justice  of  the  peace, 
orother  magistrate  having  jurisdiction.  Such  arrests  may  be  made  on  Sunday,  in 
which  case  the  person  arrested  Bhall  be  taken  before  a  justice  of  the  peace,  or  other 
magistrate  having  jurisdiction,  and  proceeded  againsl  as  soon  as-  may  be,  on  a  week 
da\  follow  ing  the  arrest. 

Report  to  auditor-general:  (5757)  Sec.  5.  Said  warden  shall,  in  the  month 
of  December  in  each  year,  file  in  the  office  of  the  auditor-general,  an  account  in  writ- 
ing, stating  the  days  and  parts  of  days  spenl  in  the  discharge  of  his  duty,  the  kind 
of  sen  ice  rendered  and  the  places  where  rendered,  and  the  expenses  paid  or  incurred 
in  the  time  of  the  discharge  of  such  duties,  which  account  shall  be  verified  by  the 
oath  of  said  warden  stating  that  the  same  is  correct  and  true  in  every  particular. 

Report  to  secretary  of  state:  (5758)  Sec.  6.  [The  warden  shall  report  in  writ- 
ing to  the  secretary  of  state,  at  the  close  of  each  month,  a  full  account  of  ad  he  has 
done,  and  he  shall  not  receive  any  payment  for  his  services  until  such  report  is 
made.     The  secretary  of  state  shall  transmit  this  report  to  the  legislature.] 

Deputies;  County  wardens;  Resisting-  officer:  (5759  Sec.  7.  The  said  game 
and  fish  warden  shall  have  power  to  appoint  deputy  game  and  fish  wardens,  who 
shall  have  the  same  power  and  authority  herein  provided  for  the  game  and  fish 
warden  himself,  subject  to  the  supervision  and  control  of  and  to  removal  by  the 
game  and  ti>h  warden.  Said  deputy  game  and  tish  wardens  shall  receive  three  dol- 
lar- per  day  for  each  day  actually  spent  in  the  discharge  of  their  duties,  under  the 
direction  of  the  game  and  fish  warden,  and  their  actual  expenses  necessarily  incurred 
when  so  employed;  said  three  dollars  per  day  and  expenses  to  he  paid  monthly  on 
the  warrant  of  the  Auditor  General,  on  the  approval  of  itemized  vouchers  thereof, 
verified  under  oath  and  certified  bythegameand  fish  warden;  but  the  number  of 
deputy  wardens  shall  not  exceed  ten  and  the  total  amount  certified  by  the  game  and 
fish  warden  and  approved  by  the  Auditor  ( reneral  for  compensation  and  expeng 
deputy  wardens  in  any  one  year  shall  not  exceed  the  sum  of  two  thousand  dollars. 
Said  game  and  fish  warden  shall  also  have  power  to  appoinl  in  each  county  not  to 
exceed  three  resident-  thereof  as  county  game  and  fish  wardens,  w  ho  shall  have  the 
same  powers  in  their  respective  counties  as  is  herein  provided  for  the  game  and  fish 
warden  himself,  subject  to  the  supervision  and  control  of  and  to  removal  by  the 
game  and  fish  warden.  The  said  county  game  and  fish  wardens  may  be  employed 
by  individuals,  clubs  and  corporations  interested  in  the  enforcement  of  fish  and 
iiame  laws,  and  shad  receive  such  other  compensation  as  may  he  allowed  and  pro- 
tided  for  by  the  supervisors  of  their  respective  counties,  *  *  *  Any  person  who 
hinders,  obstructs  or  interferes  with,  or  attempts  to  hinder,  obstruct  or  interfere  with 
the  said  game  and  fish  warden  or  any  deputy  or  county  warden  in  the  discharge  of 
any  of  his  duties,  shall  be  deemed  guilty  of  a  misdemeanor.     *     *     * 

Disposition  of  license  fees:  (5797  |  Sec.  6.  [As  amended  by  Laws  of  L905,  No.  225.] 
Such  [county]  clerk  shall  retain  for  his  own  use  out  of  the  moneys  received  for  each 
[resident  and  nonresident  deer]  license  issued  the  sum  of  twenty-five  cents,  which 


186  GAME    COMMISSIONS    AM)    WARDENS. 

shall  cover  the  swearing  of  the  applicant  to  the  affidavit  herein  referred  to,  and  all 
other  services  under  this  act  and  shall  pay  the  balance  to  the  county  treasurer  of  his 
county  on  the  first  day  of  March,  May,  September  and  December  of  each  year,  speci- 
fying the  amount  thereof  received  for  resident  and  for  non-resident  licenses.  Said 
county  treasurer  shall  forthwith  forward  to  the  State  Treasurer  all  sums  of  money 
received  by  him  for  non-resident  licenses  and  one  dollar  of  each  license  fee  received 
by  him  for  resident  licenses  and  the  balance  he  shall  hold  in  his  hands  to  be  used  as 
hereinafter  provided.  The  amount  remaining  in  the  hands  of  the  county  treasurer 
shall  be  paid  out  upon  orders  of  the  board  of  supervisors,  but  only  for  services  ren- 
dered by  sheriffs,  constables,  deputy  game  wardens  and  county  game  wardens  in 
enforcing  the  game  and  fish  laws  of  this  State,  in  said  county.  All  moneys  to  be 
retained  by  the  county  treasurer  under  the  provisions  of  this  section  against  which 
orders  have  not  been  drawn  by  the  board  of  supervisors  shall  be  paid  into  the  State 
treasury  at  the  expiration  of  one  year  after  the  year  in  which  the  license  was  issued. 
So  much  of  said  moneys  as  is  paid  into  the  State  treasury  shall  be  paid  oujt  by  the 
Auditor  General  upon  his  warrant,  but  only  in  payment  for  services  rendered  by  the 
State  Game  and  Fish  Warden  and  his  deputies  as  allowed  by  law  for  such  services, 
and  the  necessary  traveling  expenses  in  enforcing  the  game  and  fish  laws  of  this 
State,  upon  itemized  bills  duly  certified  by  the  State  Game  and  Fish  Warden  and 
allowed  by  the  Board  of  State  Auditors,  whose  duty  it  shall  be  to  audit  and  allow 
the  same. 

Production  of  license:  (5801)  Sec.  10.  Any  person  found  hunting  any  deer  pro- 
tected by  the  laws  of  this  State  with  any  kind  of  fire  arms  and  who  shall  refuse  to 
show  his  license  herein  provided  for,  to  any  sheriff,  deputy  sheriff,  constable,  game 
warden,  deputy  game  warden  or  county  game  warden  on  demand,  shall  be  deemed 
and  held  to  be  guilty  of  violating  the  provisions  of  this  section,  in  addition  to  violat- 
ing any  of  the  other  provisions  of  this  act,  and  may  be  fined  upon  conviction  for 
such  refusal  as  provided  in  section  twelve  of  this  act. 

Perjury:  (5802)  Sec.  11.  Any  person  who  shall  procure  a  license  under  the  pro 
visions  of  this  act  by  false  swearing  shall  be  guilty  of  perjury    *    *    * 

Prima  facie  evidence:  (5807)  Sec  4.  The  possession  or  having  under  control  of 
any  kind  of  bird,  game  or  fish,  the  killing  of  which  is  at  any  time  or  all  times  pro- 
hibited by  the  laws  of  this  State,  shall  be  prima  facie  evidence  that  it  was  killed  in 
this  State,  to  disprove  which  it  shall  be  necessary  to  show  by  the  testimony  of  the 
party  who  actually  caught,  took  or  killed  the  same,  that  it  was  killed  outside  of  this 
State.  Whenever  it  shall  appear  that  any  bird,  game  or  fish  of  a  kind,  the  killing 
of  which  is  at  any  time  or  at  all  times  prohibited  by  the  laws  of  this  State,  was 
caught,  taken  or  killed  outside  of  this  State,  it  shall  be  prima  facie  evidence  that 
such  bird,  game  or  fish  was  caught,  taken  or  killed  at  a  time,  in  a  manner  and  for 
a  purpose  prohibited  by  the  laws  of  the  State,  Territory  or  country  where  it  was 
caught,  taken  or  killed,  and  was  shipped  out  of  said  State,  Territory  or  country  in 
violation  of  the  laws  thereof,  to  disprove  which  it  shall  be  necessary  to  show  by 
direct  and  positive  evidence  that  it  was  killed  at  a  time,  in  a  manner  and  for  a  pur- 
pose permitted  by  the  law  of  the  State,  Territory  or  country  where  it  was  killed  and 
that  its  shipment  out  of  said  State,  Territory  or  country  was  not  forbidden  by  the 
law  thereof. 

Limitation:  (5811)  Sec  7.  All  prosecutions  under  the  provisions  of  this  act  [pro- 
hibiting possession  of  game  illegally  taken  in  another  State]  shall  be  commenced 
within  one  year  from  the  time  such  offense  was  committed. 

Acts  of  1899,  No.  37,  p.  53. 

Compensation:  Sec  1.  The  State  Game  and  Fish  Warden  shall  receive  an  annual 
salary  of  two  thousand  dollars,  payable  monthly,  and  shall  also  be  reimbursed  his 
actual  expenses  necessarily  incurred  in  the  performance  of  his  duties,  to  be  paid 


MICHIGAN.  1  v7 

monthly  on  the  warrant  of  the  Auditor  General  on  the  approval  of  bis  vou 

tin  r. >f<  s  State  Game  and  Fish  Warden  Bhall  devote  hif  entire  time  to  the 
duties  of  In-  ottice. 

Ohief  Deputy;  Oompenaation:  B»  Bald  Game  and  Fish  Warden  ihall  have 
power  to  appoint  a  Chief  Deputy,  for  whose  acts  he  shall  be  responsible,  and  may 
h  Appointment  at  pleasure.  Said  Chief  Deputy  shall  take  the  constitu- 
tional oath  of  office,  and  nhall  do  such  work  lu  the  game  and  fish  warden  department 
^ned  hi  111.  During  the  sickness,  absence  or  disability  of  the  Game 
and  Fish  Warden  he  may  execute  the  duties  of  the  office.  Said  Chief  Deputy  shall 
devote  his  entire  time  to  the  work  of  his  office  and  Bhall  receive  an  annual  salary  of 
fifteen  hundred  dollars,  and  hia  actual  expenses  uecessaril}  incurred,  to  be  paid 
monthly  on  tin- warrant  of  the  auditor  General,  «>n  the  approval  of  his  vouchers 
therefor  by  the  State  Game  and  Fish  Warden 

Bond:  S»  .   '..  [State  <  rame  Warden  Bhall  give  bond  in  the  mum  of  $5000.] 

Acts  of  1905,   No.   257,   p.   370. 
An  act  t"  revise  and  amend  the  laws  tor  the  protection  of  game  and  > . i r< l - . 

Prima  facie  evidence:  SfiC.  6.  L'>"'->t ssion  of  deer,  or  fawn,  or  -kin  thereof  in 
red  or  spotted  coat,  is  prima  facie  evidence  of  illegal  killing.] 

Prima  facie  evidence:  Sec.  s.  No  person  shall  make  use  of  any  artificial  Light  in 
hunting,  pursuing  or  killing  deer,  or  in  attempting  to  hunt,  pursue  or  capture,  or 
kill  any  deer,  and  the  wearing  or  having  such  light  on  the  head  or  in  possession  in 
the  woods  -hall  be  prima  facie  evidence  of  a  violation  of  this  section. 

Prima  facie  evidence;  Killing  do^s:  Sec.  9.    No  person  or  persons  -hall  make 

a  <l"Lr  in  hunting,  pursuing  or  killing  deer;  the  presence  of  a  hound  in  the 

3,  hunting  camp.  loururiiiLr  camp  or  club  house  during  the  deer  hunting  Beason 

dial!  be  prima  facie  evidence  of  their  unlawful  use.     Any  dog  pursuing,  killing  or 

following  upon  the  track  of  a  deer  is  hereby  declared  to  he  a  public  nuisance  and 

may  be  killed  by  any  person  when  so  seen  without  criminal  or  civil  liability. 

Burden  of  proof:  Sbc.  22.  In  all  prosecutions  for  a  violation  of  any  of  the  pro- 
visions of  this  act,  the  person  or  persons  claiming  the  benefit  of  section  twenty 
[permitting  possession  of  specimens  for  scientific  or  educational  purposes  and  of 
game  lawfully  killed  for  five  days  after  close  of  open  season]  must  show  affirmatively 
a-  a  part  of  his  defense  on  the  examination  or  trial,  that  the  animal  or  bird  of  which 
the  dead  body  or  carcass  or  skin,  or  any  portion  thereof,  is  shown  to  have  been  in 
his  possession  during  the  time  when  by  law  the  killing  of  such  animal  or  bird  is 
unlawful,  was  killed  at  a  time,  and  in  the  manner,  and  for  the  purpose  authorized 
by  law,  and  that  his  possession  at  the  time  complained  of  was  for  one  of  the  pur- 
authorized  by  said  section,  and  it  shall  not  he  necessary  for  the  prosecution  to 
aver  or  prove  that  such  possession  was  not  for  tin'  purposes  authorized  by  said 
•n. 

Separate  offense;  Prima  facie  evidence;  Liability:  Sbc.  24.  The  injuring, 
destruction  or  killing  or  capturing  or  selling,  or  having  in  possession  of  each  animal  or 
bird  injured,  captured,  killed  or  destroyed,  sold  or  possessed  contrary  to  the  provisions 
of  this  act  shall  l>e  a  separate  offense  and  the  person  bo  offending  shall  he  liable  to 
the  penalties  and  the  punishments  herein  piovided  for  each  offense.  In  all  ; 
rations  for  a  violation  of  any  of  the  provisions  of  this  act,  proof  of  the  possession  of 
the  dead  body,  carcass  or  skin,  or  any  portion  thereof,  of  any  animal  or  bird  men- 
tioned or  referred  to  in  thi-  act  [all  the  game  of  the  State],  except  as  hereinbefore 
provided  at  a  time  when  the  killing  thereof  is  unlawful,  shall  he  prima  facie  evi- 
dence that  such  animal  or  bird  was  killed  at  a  time  when  the  killing  thereof  was 
prohibited  by  law.  All  persons  violating  any  of  the  provisions  of  this  act.  whether 
as  principal,  agent,  servant,  or  employe,  shall  he  equally  liable  as  principal,  and  any 


188  GAME    COMMISSIONS    AND    WARDENS. 

pereoD  or  principal  shall  be  liable  for  any  violation  of  any  of  the  provisions  of  this 
act,  by  his  agent,  servant  or  employe,  done  under  his  direction  or  knowledge. 

Disposition  of  license  fees:  Sec.  27.  [Fees  for  export  licenses  are  paid  into  the 
State  treasury   for  use  in  payment  of  the  State  Game  and  Fish  Warden  and  his 

deputies.] 

Audubon  Society  wardens:  Sec.  28.  It  shall  be  the  duty  of  the  State  Game  and 
Fish  Warden  and  all  deputy  wardens,  sheriffs,  deputy  sheriffs  and  constables,  to 
enforce  the  provisions  of  this  act,  and  the  Michigan  Audubon  Society,  a  body  incor- 
porated under  the  laws  of  the  State  of  Michigan,  may  name  four  persons  to  represent 
such  society  in  carrying  out  the  provisions  of  this  act.  Each  person  so  named  shall 
be  duly  appointed  by  the  Game  and  Fish  Warden  and  shall  be  invested  with  and 
exercise  all  the  powers  of  a  deputy  game  warden,  but  shall  receive  no  compensation 
therefor  from  the  State  of  Michigan  or  any  county  thereof.  It  shall  be  the  duty  of 
the  Michigan  Audubon  Society  to  assign  territory  to  the  persons  selected  by  them 
to  carry  out  the  provisions  of  this  act  as  above  provided  and  to  require  a  monthly 
report  from  each  of  such  persons.  Upon  complaint  that  such  person  or  persons  so 
appointed  are  negligent  in  the  duties  assigned  to  him  or  them  in  carrying  out  the 
provisions  of  this  act,  the  said  Audubon  Society  shall  report  the  fact  to  the  Game 
and  Fish  Warden,  who  shall  immediately  remove  such  person  or  persons  and  upon 
recommendation  of  the  Audubon  Society  shall  make  appointment  to  fill  such  vacancy. 
In  pursuance  of  this  provision  the  said  Michigan  Audubon  Society  shall  file  a  bond 
with  the  Secretary  of  State  in  the  amount  of  one  thousand  dollars,  wdth  sufficient 
sureties,  approved  by  the  Secretary  of  State. 

Penalty:  Sec  29.  *  *  *  and  in  all  cases  when  a  fine  and  cost  is  imposed  the 
court  shall  sentence  the  offender  to  be  confined  in  the  county  jail  until  such  fine  and 
costs  are  paid,  for  any  period  not  exceeding  the  maximum  jail  penalty  provided  for 
such  offense. 

Approved  June  16,  1905. 

MINNESOTA. 

Laws  of  1905,  chap.  344,  p.  598. 

Game  and  fish  commission;  Appointment;  Terms:  Sec  1.  A  state  game  and 
fish  commission  is  hereby  created,  consisting  of  five  (5)  members  to  be  appointed  by 
the  governor  for  a  term  of  four  (4)  years  each.  Those  heretofore  appointed  pursuant 
to  chapter  three  hundred  thirty-six  (336)  of  the  laws  of  1903  shall  continue  in  office 
until  the  expiration  of  their  respective  terms.  Vacancies  arising  from  any  cause 
shall  be  filled  by  the  governor.  Members  shall  serve  without  compensation  except 
for  necessary  expenses  to  be  paid  upon  an  itemized  statement  thereof  duly  audited 
by  said  commission. 

Office:  Sec  2.  Said  commission  shall  have  an  office  in  the  capitol  and  be  supplied 
with  suitable  stationery,  a  seal  and  blanks  and  postage  for  the  transactions  of  its 
business. 

General  powers;  Duties:  Sec  3.  Said  commission  shall  enforce  the  laws  of  this 
state  involving  the  protection  and  propagation  of  all  game  animals,  game  birds,  fish 
and  harmless  birds  and  animals. 

Said  commission  shall  have  general  charge  of — 

1.  The  propagation  and  preservation  of  such  varieties  of  game  and  fish  as  it  shall 
deem  to  be  of  public  value. 

2.  The  collection  and  diffusion  of  such  statistics  and  information  as  shall  be  ger- 
mane to  the  purpose  of  this  act. 

6.  The  seizure  and  disposition  of  all  game  birds,  game  animals  and  fish,  either 
taken,  killed,  transported  or  possessed  contrary  to  law,  of  all  dogs,  guns,  seines,  nets, 
boats,  light,  or  other  instrumentalities  unlawfully  used  or  held  with  intent  to  use,  in 
pursuing,  taking,  attempting  to  take,  concealing  or  disposing  of  the  same. 


MINNESOTA.  [89 

Reports;  Beoordi  [Ai  amended  bj  Lews  of  1907,  chap.  HJ9.]  Said  corn- 

on  -I  Kill.  «>ii  or  I  ><  •!•.!.  I  »,•. .  i  of  each  even  numbered  year,  rabmit  tothegovernoi 
I  detailed  report  of  its  actions,  including  the  amount  of  mom  I  from  all 

es,  an  inventory  of  all  game,  flsh,  guns,  dogs,  seines,  nets  and  other  pr 

I  and  sold,  with  tlir  name-  of  the  purchasers,  and  the  amount  received,  :m« !  an 
itemized  statement  of  its  disbursements.  The  books  and  vouchers  of  said  commis- 
-i..p  -hall  be  subject  to  examination  by  the  public  examiner  at  all  times. 

Executive  ugvnt:   -n  i mended  by  Laws  of  1907,  chap.  189.]    The  com- 

mission shall  appoint  one  of  its  members  its  executive  agent,  who  shall  devote  all 
his  time  to  the  discharge  of  his  duties,  and  shall  receive  compensation  therefor  to 
ced  by  said  commission,  not  exceeding  twenty-five  hundred  dollars  per 

rear.  He  shall  act  as  Buch  executive  agent  during  the  pleasure  of  the  commission 
and  be  subject  to  its  direction.  When  the  commission  is  not  in  session,  be  is  hereby 
authorized  to  exercise  in  its  oame,  all  the  rights,  powers  and  authority  vested  in  said 
commission.  Before  entering  upon  the  discharge  of  bis  duties  he  shall  give  a  bond 
to  the  State  of  Minnesota,  with  sureties  or  security,  to  be  approved  by  the  commis- 
sion, in  the  penal  sum  of  five  thousand  (5,000)  dollars,  conditioned  for  the  faithful 
accounting  of  all  state  property  coming  into  his  bands. 

Employees:  Sec.  6.  It  may  also  employ  a  sufficient  number  of  game 

wardens,  other  persons,  and  office  assistants,  as  may  be  necessary  to  carry  out  the 
purposes  of  this  chapter,  and  fix  their  periods  of  service  and  compensation. 

Other  officers;  Attorney:  Sac.  7.  The  county  attorney-,  sheriffs,  constables  and 
other  peace  officers,  are  hereby  required  and  it  is  made  their  duty,  to  enforce  the 
provisions  of  this  chapter  and  the  commission  may  employ  an  attorney  or  attorneys 
to  perform  such  legal  sen  ices  as  Baid  commission  may  require.  1  fe  shall  appear  for 
sai-1  commission  in  all  civil  actions  in  which  it  or  its  wardens  may  be  interested 
officially,  and  may  assist  the  county  attorney  in  the  prosecution  of  criminal  actions 
arising  under  this  chapter,  ami  when  for  any  reason  the  county  attorney  does  not 
rate  such  criminal  actions,  he  may  conduct  such  prosecutions  on  behalf  of  the 
State  with  the  same  authority  as  the  county  attorney.  The  compensation  to  be  paid 
said  attorney  shall  be  fixed  by  the  commission  and  paid  out  of  the  funds  provided 
for  the  enforcement  of  this  act. 

Execution  of  writs:  Sec  8.  [As  amended  by  Laws  of  1907,  chap.  469.]  The 
executive  ageni  of  said  commission,  all  members  and  all  wardens  appointed  by  said 
commission,  shall  have  full  power  and  authority  to  serve  and  execute  all  warrants 
and  process  the  [of]  law  issued  by  the  court  in  enforcing  the  provisions  of  this  act, 
or  any  other  law  of  this  state  relating  to  the  preservation  and  propagation  of  game 
and  ti>h.  in  the  same  manner  as  any  constable  or  sheriff  may  serve  and  execute  the 
same,  and  for  the  purpose  of  enforcing  the  provisions  of  this  chapter,  they  may  call 
to  their  aid  any  sheriff,  deputy  sheriff,  constable  or  police  officer  or  any  other  per- 
son,  and  it  shall  be  the  duty  of  all  sheriffs,  deputy  sheriffs,  constables  or  police 
officers  and  other  persons,  when  called  upon  to  enforce  and  aid  in  enforcing  the  pro- 
visions of  this  chapter.  The  executive  agent  and  all  deputies  shall  have  the  power 
to  arrest  without  a  warrant  any  person  or  persons  found  in  the  act  of  violating  any 
law  enacted  for  the  purpose  of  protecting  or  propagating  game  or  fish. 

Bonds:  Sec.  9.  The  following  appointees  shall  give  bonds  to  be  approved  by  the 
commission  and  filed  in  the  other  of  the  secretary  of  state,  conditioned  for  the  faith- 
ful discharge  of  their  respective  duties,  in  the  following  amounts: 

*  *  v    *  *  * 

-    ond — Each  game  warden  five  hundred  dollars  ($500). 

Terms  denned;  Agency  no  excuse:  Sec.  10.  The  words  •sell"  and  "sal< 
used  in  this  chapter  shall  be  construed  as  meaning  any  sale  of    or    offer  to  sell  or 
having  in  possession  with  intent  to  sell,  use  or  dispose  of  the  same  contrary  to  law. 
The  word  "person"  shall  be  deemed  to  include  partnership.-,  associations,  and  cor- 


]90  GAME    COMMISSIONS    AND    WARDENS. 

porations,  and  no  violation  of  any  provisions  of  this  chapter  shall  be  excused  for  the 
reason  that  the  prohibited  act  was  done  as  the  agent  or  employe  of  another,  nor  that 
it  was  committed  by  or  through  an  agent  or  employe  of  the  person  charged.  The 
word  "possession"  shall  be  deemed  to  include  both  actual  and  constructive  posses- 
sion as  well  as  the  control  of  the  article  referred  to.  The  term  "waters  of  this 
state"  shall  be  held  to  include  all  the  boundary  waters  of  the  state,  and  the  provisions 
of  this  chapter  shall  be  deemed  to  extend  and  be  in  force  and  effect  over,  upon  and 
in  all  thereof.  The  terms  "any  part  thereof"  or  "the  parts  thereof,"  whenever  used 
in  this  chapter  shall  be  deemed  to  include  the  hides,  horns  and  hoofs  of  any  animal 
so  referred  to,  and  the  plumage  and  skin  and  every  other  part  of  any  bird  so  referred 
to.  The  term  "fur  bearing  animals"  shall  not  be  deemed  to  include  deer,  moose  or 
caribou. 

Inspection  of  hotels,  etc. :  Sec.  11.  The  game  and  fish  commission  and  all  game 
wardens  shall  inspect  from  time  to  time,  hotels,  restaurants,  cold  storage  houses  or 
plants  and  ice  houses  commonly  used  in  storing  meats,  game  or  fish  for  private  par- 
ties, including  all  buildings  used  for  a  like  purpose,  for  the  purpose  of  determining 
whether,  game  or  fish  are  kept  therein  in  violation  of  the  provisions  of  this  chapter. 
Any  person,  in  possession  or  control,  or  in  charge  of  any  hotel,  restaurant,  storage 
plant  or  building  referred  to,  or  any  part  thereof,  who  refuses  or  fails  to  permit  any 
member  of  the  game  and  fish  commission  or  any  warden  appointed  by  said  commis- 
sion to  enter  any  such  building  or  any  part  thereof,  or  any  receptacle  therein,  for  the 
purpose  of  making  such  inspection,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  (50)  or  over  one  hundred 
(100)  dollars,  including  costs  of  prosecution,  or  imprisonment  in  the  county  jail  for  a 
term  of  not  less  than  thirty  (30)  or  over  ninety  (90)  days  for  the  first  offense,  and  upon 
conviction  for  a  second  offense  shall  be  punished  by  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  sixty  (60)  or  over  ninety  (90)  days. 

Contraband  game;  Seizure;  Search:  Sec.  12.  Any  bird,  animal,  fish  or  any 
part  thereof,  caught,  killed,  shipped  or  had  in  possession  or  under  control  contrary 
to  any  of  the  provisions  of  this  chapter,  is  hereby  declared  to  be  contraband. 

The  game  and  fish  commission,  all  game  wardens,  sheriffs  and  their  deputies,  con- 
stables and  police  officers,  shall  seize  and  take  possession  of  any  and  all  birds,  ani- 
mals, or  fish  or  any  part  thereof  which  have  been  caught,  taken,  killed  or  had  in 
possession  or  under  control  or  shipped  contrary  to  any  of  the  provisions  of  this  chap- 
ter. Any  court  having  jurisdiction  may  upon  complaint  showing  probable  cause  for 
believing  that  any  bird,  animal,  fish  or  any  part  thereof  caught,  taken,  killed  or  had 
in  possession  or  under  control  by  any  person,  or  shipped  or  transported  contrary  to 
the  provisions  of  this  chapter,  is  concealed  or  illegally  kept  in  any  building,  car  or 
receptacle,  shall  issue  a  search  warrant  and  cause  a  search  to  be  made  in  any  such 
place  for  any  such  birds,  animals,  fish  or  any  part  thereof,  and  may  cause  any  build- 
ing, inclosure  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker,  crate, 
basket,  package,  or  any  other  receptacle  whatever  to  be  broken,  opened  and  the  con- 
tents thereof  examined.  All  such  officers  taking  or  seizing  any  such  birds,  animals 
or  fish,  or  any  part  thereof,  shall  at  once  report  all  the  facts  attending  the  same  to 
the  commission. 

Contraband  devices:  Sec  13.  All  nets,  seines,  lanterns,  snares,  devices,  contriv- 
ances and  materials,  while  in  use,  or  had,  or  maintained,  for  the  purpose  of  catching, 
taking  or  killing,  or  attracting  or  deceiving  any  bird,  animal,  or  fish  contrary  to  any 
provision  of  this  chapter,  within  this  state,  or  upon  or  in  the  boundary  waters  thereof, 
including  fish  houses,  inclosures  or  other  sheltering  structures  or  appliances  erected 
or  maintained  upon  the  ice  or  in  any  waters,  or  on  the  shore  of  any  la'ke,  pond  or 
stream,  is  hereby  declared  to  be  and  is  a  public  nuisance.  The  commission,  all  game 
wardens,  sheriffs  and  their  deputies,  constables  and  police  officers  shall  without 
warrant  or  process,  take,  seize,  abate  and  destroy  any  and  all  of  the  same  while  being 


MINNESOTA,  1  9  I 

used,  had  or  maintain**!  for  such  purpose  ami  no  liability  -hall  be  incurred  I 
to  am  person. 
Witnesses:  S»     14.   [n  any  prosecution  under  the  provisions  ol   this  chapter,  a 

[.ant  in  th«-  violation  thereof  raaj  testify  as  a  witness  againsi  any  other  p 
violating  the  same,  without  incriminating  himself,  [the  evidence  so  given  shall  not 
be  used !  in  any  criminal  proceeding  for  such  violation. 

Limitations:  Sbc.  15.  All  prosecutions  under  tin-  chapter  -hull  be  commenced 
within  two    2    years  from  the  time  the  offense  was  committed. 

Exchange  of  specimens:  8b  i»>.  The  commission  may  secure  by  purchase  or 
otherwise,  and  exchange  specimens  of  game  birds,  game  animals  or  fish  with  the 
game  commission  or  state  game  warden  of  other  states  for  breeding  purposes,  and  not 
othei  \\  ise;  and  may  also  granl  permission  under  the  seal  of  aaid  commission,  to  any 
accredited  representative  of  any  incorporated  society  of  natural  history  to  collect  for 
scientific  purposes  only,  nests,  e-'_r-.  birds,  animals  or  fish  protected  by  this  chapter. 
Such  specimens  shall  not  be  sold  or  transferred. 

Disposition  of  fines:  Six.  L9.  All  fines  collected  under  any  of  the  provisioi 
this  chapter  shall  be  paid  into  tin-  county  treasury  of  the  county  wherein  the  con- 
viction was  ha<l.  to  the  credit  of  the  general  revenue  fund. 

Disposition  of  other  moneys  :  Sec.  20.  All  moneys  collected  by  the  commission 
upon  licenses  issued  by  it,  or  bonds  or  contracts  entered  into  with  any  person,  in- 
cluding money  received  from  all  other  sources,  except  lines,  shall  he  paid  into  the 
state  treasury  and  credited  to  the  game  and  fish  commission  fund  to  he  used  for  the 
purpose  of  enforcing  the  provisions  of  this  chapter. 

Rewards:  Sec.  21.  [As  amended  by  Laws  of  1907,  chap.  469.]  The  following  re- 
wards shall  be  paid  by  the  game  and  fish  commission  out  of  any  funds  subject  to  it- 
order  to  any  person  or  persons  making  complaint  thereof,  for  the  arrest  and  convic- 
tion of  any  person  \  iolatingany  of  the  provisions  of  this  chapter  or  other  enactments 
involving:  a  Moose  or  caribou,  the  sum  of  fifty  (50)  dollars;  (b)  Deer,  the  sum 
of  twenty-live  (25)  dollars;  c)  Any  name  bird  or  fish,  ten  (10)  dollars;  provided, 
however,  that  this  section  shall  not  apply  to  any  game  warden  regularly  employed 
receiving  salary  from  said  commission. 

Proox':  Sec.  22.  *  *  *  Provided,  however,  that  in  any  prosecution  for  any  viola- 
tion of  any  of  the  provisions  of  this  chapter  it  shall  not  be  necessary  for  the  prosecution 
to  allege  or  prove  that  the  birds  or  animals  were  not  domesticated  or  that    *  v    the 

birds,  animals  or  fish  were  not  taken  for  .-cietitilic  purposes,  hut  the  person  claiming 
that  such  birds,  or  animals  were  domesticated,  *  *  *  or  that  the  said  birds  or 
animals  were  taken  for  scientific  purposes,  as  herein  provided,  shall  prove  on  the 
hearing  or  trial  that  such  birds  or  animals  were  domesticated,  *  *  *  or  that 
such  birds  or  fish  were  taken  tor  scientific  purposes  as  by  law  provided,  or  were  not 
caught,  taken  or  killed  outside  this  state,  or  had  in  possession  without  License  or 
permit  therefor. 

Shooting  with  dogs:  8b  .  28.  No  person  -hall  hunt,  pursue,  catch,  take  or  kill 
any  of  the  animals  in  this  chapter  mentioned,  with  any  dog  or  dogs.  An\  dog  or 
dogs  used  or  attempted  to  he  used  in  violation  of  any  of  the  provisions  of  this  section 
i-  hereby  declared  to  he  and  is  a  public  nuisance,  and  it  shall  be  lawful  for  any  per- 
son to  kill  any  dog  or  dogs  so  being  used  or  attempted  to  be  used.     * 

Possession  of  game  and  fish;  Prima  facie  evidence:  Sbc.  31.  The  possession 
or  having  under  control  by  any  person  of  any  bird,  animal  or  fish,  or  any  part 
thereof,  the  killing  of  which  is  at  any  time  herein  prohibited,  shall  he  prima 
tacit'  evidence  that  it  was  tin-  property  of  this  state  at  the  time  it  was  caught,  taken 
and  killed  (in  this  state),  also  that  such  possession  or  having  under  control  at  any 
time  when  the  killing,  taking  or  possession  thereof  is  by  this  chapter  declared  to 
be  unlawful,  shall  he  prima  facie  evidence  that  such  taking  and  killing  occurred 
during  the  closed  season,  unless  there  remains  attached  to  BUch  name  bird  or  animal 


192  GAME    COMMISSIONS    AND    WARDENS. 

or  any  part  thereof,  the  tag  and  seal  of  the  state  game  and  fish  commission,  provided 
for  by  this  chapter  to  disprove  which  it  shall  be  necessary  for  the  party  in  possession 
thereof  to  show  that  at  the  time  it  was  caught,  taken  or  killed,  it  was  lawfully  caught, 
taken  or  killed  outside,  or  within  this  state,  or  that  it  was  lawfully  caught,  taken  or 
killed  within  the  state  and  that  he  was  lawfully  in  possession  thereof. 

Disposition  of  license  fees:  Sec.  34.  [As  amended  by  Laws  of  1907,  chap.  469. 
Provides  for  resident  license.]  Ten  cents  of  the  amount  received  for  the  issuance  of 
said  license  shall  be  retained  by  the  county  auditor  as  his  fee,  and  the  balance 
remitted  to  the  state  treasurer,  who  shall  credit  the  same  to  the  game  and  fish 
commission  fund,  to  be  used  for  the  purpose  of  enforcing  the  provisions  of  this 
chapter.     *     *     * 

Forfeiture  of  license:  Sec  36.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  chapter  and  who  is  at  the  time  of  such  violation  in  the  possession  of  a 
license  duly  issued  to  him,  shall,  upon  conviction  thereof,  forfeit  such  license  to  the 
State  of  Minnesota,  and  such  person  shall  deliver  to  the  court  before  whom  he  was 
tried  any  such  license,  and  the  court  shall  forward  the  same  to  the  commission. 

Contraband  game:  Sec.  37.  *  *  *  The  having  in  possession  of  any  game  bird 
or  animal  or  any  part  thereof  which  is  not  so  tagged  and  sealed,  or  for  which  a  reten- 
tion permit  has  not  been  received,  except  during  the  open  season  and  five  (5)  days 
thereafter,  is  hereby  made  unlawful.  Any  such  game  bird  or  game  animal,  or  any 
part  thereof,  had  or  held  in  possession  by  any  person  during  the  season  when  it  is 
unlawful  to  have  the  same  in  possession,  is  hereby  declared  contraband  and  the  right 
of  any  such  person  to  retain  or  use  the  same  shall  cease.     *    *    * 

Sale  of  game  by  commission:  Sec.  54.  The  game  and  fish  commission  is  he 
hereby  authorized  to  sell  to  residents  of  this  state  at  the  highest  market  price  obtain- 
able therefor,  all  furs,  fish,  game,  game  animals  or  game  birds  now  or  which  may 
hereafter  come  into  its  possession.  The  proceeds  thereof  shall  be  turned  into  the 
state  treasury  and  credited  to  the  game  and  fish  commission  funds.  A  record  of  such 
sales,  including  the  name  of  the  purchaser  and  the  price  paid,  shall  be  kept  by  the 
commission.  Said  commission  shall,  before  selling,  tag  the  same  in  a  manner  to  be 
determined  by  it. 

Appropriation:  Sec  57.  The  sum  of  thirty-five  thousand  dollars  ($35,000),  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  annually,  commencing 
August  1,  1905,  for  the  purpose  of  carrying  on  and  enforcing  the  provisions  of  this 
chapter,  to  be  paid  for  such  purpose  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated. 

Resisting  commissioner  or  warden:  Sec  61.  Whoever  shall  resist  or  obstruct 
the  executive  agent  of  said  commission,  or  any  member  thereof,  or  any  warden  or 
other  officers  of  this  state,  in  the  discharge  of  his  duties  under  this  chapter,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be  punished  by  a  fine  of  not 
less  than  fifty  (50)  nor  more  than  one  hundred  (100)  dollars  and  costs  of  prosecution, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  sixty  (60)  nor  more  than 
ninety  (90)  days  for  each  and  every  offense. 

Attempts:  Sec  64.  Any  attempt  to  violate  any  of  the  provisions  of  any  section  of 
this  chapter  shall  be  deemed  a  violation  of  such  provision,  and  any  person  attempt- 
ing to  violate  any  of  the  provisions  of  any  section  of  this  chapter  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  punished  by  a  fine  of  not  less  than  ten 
(10)  nor  more  than  fifty  (50)  dollars,  and  costs  of  prosecution,  or  by  imprisonment 
in  the  county  jail  for  not  less  than  ten  (10)  nor  more  than  sixty  (60)  days  for  each 
and  every  offense. 

General  penalty:  Sec  67.  Any  person  who  violates  any  provision  of  this  chapter 
for  which  a  penalty  has  not  been  heretofore  specifically  provided,  shall  be  guilty  of 
a  misdemeanor,  and  be  punished  by  a  fine  of  not  less  than  ten  (10)  nor  more  than 


M  i  n  \  i  SOI  \       MISSISSIPPI.  1  98 

dollars  and  costn  "i  prosecution,  or  b)  imprisonment  In  the  count)  jail  for 
not  less  than  t hi rt )  (30    nor  more  than  sixt}    80    da] 
Approved   Vpril     I 

MISSISSIPPI. 

Code,  1006,  chap.  .r>7,  p.  706. 

Board  of  supervisors;  Wardens:  [Sbc.]  2305.  The  boards  of  supervisor 
given  full  jurisdiction  and  authority  for  the  protection  and  preservation  of  game  and 
fan  in  their  respective  counties,  and  to  conserve  the  Bame  for  the  use  and  consump- 
tion of  the  inhabitants,  and  for  thai  purpose  may  appoinl  a  game  warden  who  shall 
discharge  such  duties  as  ma)  be  prescribed  by  them.  The  game  ward)  n  -hall  have 
authority  to  appoint  as  many  deputies  as  he  may  see  proper  to  aid  him  in  the  die- 
charge  of  his  duties,  and  his  deputies  -half  have  the  same  powers  in  all  reepi 
are  conferred  upon  him. 

Forfeiture  of  guns,  etc.:  [8bc.]  2310  All  game  and  fish  taken  contrary  to  the 
law  or  the  regulation  of  the  board  of  supervisors,  as  well  as  the  guns,  dogs,  traps, 
|nd  appliances  for  taking  game,  and  the  seines,  nets,  rods  and  the  Like  for  catching 
flsh,  which  may  be  used  in  taking  game  or  catching  fish  unlawfully;  shall  be  for- 
feited; and  thf  court  adjudging  the  forfeiture  in  a  civil  or  criminal  proceeding  shall 
allow  reasonable  compensation  oul  of  the  proceeds  to  the  prosecutor  for  his  trouble. 

Disposition  of  guns,  etc.:  [Sec.]  2311.  It  shall  be  competenl  for  the  board  of 
supervisors,  in  cases  of  forfeiture  of  the  articles  seized,  to  determine  the  disposition 
to  be  made  of  them;  and  if  there  he  any  delay  given  to  the  party  arrested  for  the 
hearing  <>i  the  case,  the  magistrate  may  cause  the  game  or  fish  seized  to  be  disposed 
of  before  the  hearing  and  the  proceeds  to  be  held  to  abide  the  result. 

Administration:  [Sbc.]  2314.  The  judicial  administration  of  the  game  laws  and 
regulations  of  the  hoard-  of  supervisors  pertains,  as  a  matter  of  police,  to  any  justice 
of  the  peace,  mayor,  or  police  justice,  of  any  city,  town,  or  village  in  the  county  as 
to  all  violations  of  such  gaming  laws  and  regulations  committed  within  their  respective 
districts;  and  the  breach  of  any  regulation,  order  or  resolution  of  the  board  of  super- 
3  shall  he  a  misdemeanor  and  a  violation  of  police  order,  and  shall  subject  to 
forfeiture  the  game  and  fish  taken,  and  the  appliances  used  in  the  taking  thereof,  in 
violation  of  such  police  regulation,  and  to  such  fine  and  imprisonment  as  may  be 
prescribed  by  the  regulations,  or  to  one  or  more  or  these  penalties.  Such  matters 
shall  he  Bummarily  heard  and  disposed  of  as  other  matters  affecting  the  public  police 
and  order. 

Arrest:  [Sec.]  2315.  It  shall  be  the  duty  of  the  game  warden,  sheriff,  constable, 
and  city,  town,  and  village  marshals  within  the  county,  to  arrest,  with  or  without 
process,  any  person  whom  they  may  know,  or  have  good  reason  to  believe,  to  be 
violating  any  such  police  regulations,  and  to  seize  all  game,  fish,  and  appliances 
found  in  the  possession  of  such  persons  in  violation  of  police  regulations,  and  shall 
forthwith  convey  the  person  from  whose  custody  the  game,  fish,  and  appliances 
shall  have  been  taken  before  the  proper  justice  of  the  peace,  mayor,  or  police  jus 
to  be  dealt  with  according  to  the  rules  and  regulations  prescribed  by  the  board  for 
such  offense. 

Licensee  must  exhibit  license;  Arrest:  [Sbc.]  2329.  It  shall  be  unlawful  for 
any  non-resident  to  hunt  within  the  state  unless  he  has  in  his  possession,  ready  to 
exhibit  to  the  game  warden  or  any  officer  or  person,  upon  request,  a  License  issued 
t<>  him  by  the  sheriff  of  the  county  in  which  he  may  be  hunting,  such  license  to  be 
issued  to  non-residents  of  the  state  upon  payment  of  a  fee  of  ten  dollar-  to  the  county 
and  ten  dollars  to  the  state.  Every  non-resident  found  hunting  without 

laid  License  shall  be  arrested  on  sight  by  any  game  warden  or  ofiicer  of  the  law,  and 


104  GAME    COMMISSIONS    AND    WARDENS. 

shall  be  liable  to  a  fine  of  not  less  than  twenty-five  d<  rtlars  nor  more  than  fifty  dollars, 
or  be  imprisoned  in  the  county  jail  not  exceeding  thirty  days. 

Forest  and  game  protective  fund:  [Sec]  2330.  All  fees  and  fines  collected 
under  the  provisions  of  this  chapter,  except  as  herein  provided,  shall  go  to  a  fund 
kept  by  the  county  treasurer  in  each  county  and  called  the  "  forest  and  game  protect- 
ive fund,"  the  same  to  be  used  by  the  board  of  supervisors  in  paying  the  warden 
and  bis  deputies  for  services. 

Warden;  Appointment;  Powers:  [Sec]  2331.  The  board  of  supervisors  of  each 
county  may,  on  the  recommendation  of  ten  or  more  reputable  citizens  of  said  county, 
appoint  a  game  warden,  who  shall  hold  office  four  years,  and  who  shall  have  power 
to  appoint  deputies  for  each  supervisor's  district,  who  shall  hold  office  for  two  years. 
The  duties  of  said  game  warden  and  assistants  being  to  diligently  seek  and  report  all 
persons  violating  this  chapter,  and  they  shall  have  the  right  to  arrest  any  person  or 
persons  found  violating  any  of  the  provisions  of  this  chapter,  and  upon  the  proper 
warrant  issued  therefor  to  search  any  building  not  the  private  residence  of  any  per- 
son, car,  vessel,  vehicle,  or  package  wherein  he  or  they  may  believe  any  of  the  game 
named  in  this  chapter  may  be  kept  or  stored  contrary  to  the  provisions  of  this 
chapter.  The  warden  or  his  deputies  so  appointed  shall  have  the  right  to  confiscate 
all  game  which  he  or  they  may  find  in  the  possession  of  any  person  or  persons  in 
violation  of  this  chapter,  irrespective  of  the  time  or  place  such  game  may  have  been 
killed  or  caught,  and  such  person  or  persons  shall  have  no  redress  at  law  for  such 
seizure  of  property,  unlawfully  had  in  possession. 

Informers:  [Sec]  2333.  Any  person  or  persons  reporting  to  the  game  warden,  or 
other  officers  authorized  under  the  laws  of  the  state  to  institute  the  prosecution 
against  any  person  or  persons,  or  corporation,  for  violation  of  the  provisions  of  this 
chapter,  shall  receive  for  such  report  fifty  per  cent  of  the  fine  levied  and  collected 
from  such  person  or  persons,  or  corporation. 

Removal  of  warden:  [Sec]  2335.  This  chapter  in  no  way  affects  the  power  of 
boards  of  supervisors  in  granting  further  protection  to  game;  and  the  board  of  super- 
visors shall,  upon  sufficient  evidence,  remove  the  game  warden  or  his  deputies  for 
non-performance  of  duty  and  appoint  others  in  their  stead. 

MISSOURI. 
Laws  of  1907,  p.  — . 

Prima  facie  evidence:  Sec  12.  *  *  *  It  is  further  declared  unlawful  to 
make  use  of  any  artificial  light  in  hunting  or  killing  deer;  and  the  wearing  or  hav- 
ing such  light  on  the  head  shall  be  prima  facie  evidence  of  the  violation  of  this 
section.     *    *    * 

State  game  warden:  Sec  18a.  There  is  hereby  created  the  office  of  state  game 
and  fish  warden.  The  state  game  and  fish  warden  shall  be  appointed  by  the  gov- 
ernor, by  and  with  the  advice  and  consent  of  the  senate.  He  shall  hold  his  office 
for  a  term  of  two  years.  The  state  game  and  fish  warden  shall  receive  a  salary  of 
$2,000.00  per  year,  and  traveling  expenses  not  to  exceed  82,000.00  per  year,  which 
salary  shall  be  paid  him  quarterly,  and  which  expenses  shall  be  paid  him  on  accounts 
approved  by  the  governor.  It  shall  be  the  duty  of  the  state  game  and  fish  warden 
to  supervise  the  enforcement  of  the  law  under  the  provisions  of  this  act,  and  espe- 
cially with  reference  to  the  large  cities.  He  shall  have  equal  authority  with  the 
county  game  and  fish  wardens  to  institute  prosecutions  for  violations  of  the  law,  and 
shall  direct  prosecutions  by  county  game  and  fish  wardens  when  circumstances 
justify  it. 

County  game  warden:  Sec  19.  The  sheriff  of  each  county,  and  the  city  of  St. 
Louis,  shall  be  ex-officio  game  and  fish  warden  of  his  respective  county,  and  the  city 
of  St.  Louis,  and  all  deputy  sheriffs,  constables  and  justices  of  the  peace  shall  be 
ex-officio  deputy  game  and  fish  wardens  for  their  respective  counties,  and  the  city  of 


MI880UR1       MONTANA.  1  '•'•'• 

:ii-;  and  for  the  enforcement  and  execution  of  the  game  and  fish  law  they 
■hall  be  allowed  Buch  fees  and  coats  as  are  allowed  In  other  criminal  prosecutions, 

Duti.-s;  Powera:  8       20.   It  Bhall  be  the  duty  ol  the  game  and  fish  warden  of 

Bach  county,  and  thecitj  >uis,  to  enforce  all  laws  non  enacted  and  arhich 

may  he  hereafter  enacted  for  the  protection,  preservation  and  propagation  of  game 

animals,  birds  and  fish  of  this  state,  and  to  prosecute  or  cause  to  be  prosecuted  all 

is  who  violate  such  laws.     Said  game  and  fish  wardens  shall  make  complaint 

and  cause  proceedings  to  be  commenced  against  any  person  for  the  violation  of  such 

and  shall  not  be  liable  for  nor  obliged  t«»  furnish  security  for  coats,  but  in  all 

iitions  under  this  act  wherein  the  defendant  is  acquitted  the  coats  Bhall  be 

taxed  as  in  other  criminal  prosecutions. 

Disposition  of  license  fees:  Sec.  23.  *  *  *  Such  clerks  and  license  coll 
shall  retain,  out  of  the  moneys  received  for  each  license  [hunting]  issued,  the  sum 
of  thirty  cents,  which  shall  cover  all  costs  of  license  under  this  act,  and  shall  pay 
the  balance  to  the  county  or  city  treasurer  on  the  first  day  of  each  month,  and 
report  the  same  to  the  county  court  or  city  collector,  who  shall  place  all  moneys 
collected  under  thi<  act.  and  n«>i  otherwise  provided  for,  to  the  credit  of  the  county 
road  fund,  or  the  citv  street  or  road  fund. 

Production  of  license:  Sec.  25.  It  is  hereby  declared  to  be  the  duty  of,  every  per- 
son holding  a  hunter's  license  in  this  State  to  present  the  same  for  inspection  by  the 
county  game  and  fish  warden,  or  any  of  his  deputies.  Any  person  refusing  to  pre- 
sent the  same,  when  a  proper  demand  is  made  therefor,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  line  of  oot  less  than  $10.00 
nor  more  thai.  | 

Trespass;  Disposition  of  fine:  Sac.  -7.  It  shall  be  unlawful  for  any  person  to 
hunt  with  pin  or  dog  on  the  enclosed  or  cultivated  land  of  another  at  any  time, 
without  the  consent  <.f  the  owner  or  person  in  actual  control  of  such  land  a-  _ 
or  tenant,  and  any  person  violating  the  provisions  of  this  section  shall  he  lined  not 
an  ten  dollars  nor  more  than  twenty-five  dollars,  one-half  of  the  amount  to  •_'.»  to 
the  owner  of  said  land,  or  his  a<_rcnt  or  tenant  furnishing  the  proof  of  such  violation 
of  this  ait. 

Disposition  of  confiscated  game:  Sec.  35.  *  *  *  Any  game  or  fish  so  shipped 
[from  county],  or  attempted  to  he  shipped,  in  violatian  of  this  act.  shall  Ik-  confiscated 
hy  the  game  warden  and  delivered  to  some  charitable  institution,  and  any  violation  of 
this  act  not  otherwise  provided  for  shall  constitute  a  misdemeanor  and  he  punishable 
hy  a  fine  of  not  less  than  $10  nor  more  than  $100. 

Appropriation:  Sex  .  38a.  There  i-  hereby  appropriated  out  of  the  state  treasury, 
chargeable  to  the  state  game  protection  fund,  the  sum  of  $8,000.00  for  the  payment 
of  the  salary  and  expenses  for  the  next  period  of  two  years  of  the  Btate  game  and 
fish  warden. 

MONTANA. 
Laws  of  1901,  p.  130. 

Game  warden;  Term:  Sec.  2.  That  the  governor  shall  immediately  after  the 
passage  of  this  act  and  every  four  years  thereafter,  appoint  a  state  game  and  fish 
warden:"  he  shall  hold  his  office  for  a  period  of  four  years,  or  until  removal  [removed] 
■6  hereinafter  provided: 

R    luired  to  give  a  $3,000  bond]. 

Duties:  Powers:  Sec.  4.  The  duties  of  said  State  game  and  fish  warden  shall  be  to 
examine  into  and  inquire  about  any  violation  of  the  game  and  fish  laws  of  this  state, 

"In  1907  the  state  game  warden  was  also  made  state  tire  warden  and  ex  officio 
member  of  the  board  of  fish  commissioners  hut  without  additional  compensation. 
4358— No.  28—07 14 


196  GAME    COMMISSIONS    AND    WARDENS, 

and  to  institute  prosecutions  for  any  violation  of  the  law  and  he  is  vested  throughout 
the  state  with  all  the  powers  of  a  sheriff  in  making  arrests  and  in  the  prosecution  of 
all  offenses  against  the  game  and  fish  laws  of  the  state.  He  shall  have  general  super- 
vision over  all  deputy  game  and  fish  wardens  and  all  special  deputy  game  and  fish 
wardens  hereinafter  provided  for;  and  he  is  hereby  authorized  to  appoint  such 
deputies. 

Compensation:  Sec.  6.  [As  replaced  by  Sec.  1,  Chap.  139,  Laws  1907.]  The 
compensation  of  the  State  Game  an  1  Fish  Warden  shall  hereafter  be  at  the  rate  of 
twenty-four  hundred  ($2400.00)  dollars  per  annum,  payable  in  monthly  instalments 
at  the  end  of  each  month.  He  shall  be  paid  for  all  actual  and  necessary  expenses 
attached  to  his  office,  but  such  expenses  shall  not  exceed  two  thousand  ($2,000. ) 
dollars  per  annum. 

Deputies'  duties:  Sec.  7.  That  each  of  such  deputies  appointed  as  aforesaid  shall 
perfi  >rm  the  following  duties;  to  examine  into  and  inquire  about  any  violation  of  the 
game  and  fish  laws  of  this  state  and  to  institute  prosecutions  for  any  violations  of 
said  law,  and  make  report  at  the  end  of  each  month  to  the  state  game  and  fish  war- 
den of  all  arrests  and  prosecutions  made  by  said  deputy,  and  furnish  such  other 
information  which  he  may  have  that  will  tend  to  promote  the  enforcement  of  the 
game  and  fish  laws;  and  he  is  vested  throughout  the  state  with  all  the  powers  of  a 
sheriff  in  making  arrests  and  in  the  prosecution  of  all  offenses  against  the  game  and 
fish  laws  of  this  state. 

Special  deputies:  Sec.  8.  Each  state  game  and  fish  warden,  immediately  after 
his  appointment,  and  every  four  years  thereafter,  is  hereby  authorized  and  empow- 
ered to  appoint  not  less  than  five  (5)  nor  more  than  eight  «  (8)  special  deputy  game 
and  fish  wardens,  as  the  needs  of  the  state  may  require.  Their  term  of  office  shall 
be  for  a  period  of  four  years  but  any  of  said  special  deputy  game  and  fish  wardens  so 
appointed  by  said  state  game  and  fish  warden,  may  at  any  time  be  removed  at  the 
will  of  said  state  game  and  fish  warden. 

Bond:  Sec  10.   [Special  deputy  wardens  must  give  bond  of  $1000.00) 

Special  deputies'  duties:  Sec  11.  The  duties  of  said  special  deputy  game  and 
fish  wardens  shall  be  to  inquire  about  any  violations  of  the  game  and  fish  laws  of 
the  State  of  Montana  and  to  institute  prosecutions  for  any  violation  of  said  law,  and 
report  in  detail  to  said  state  game  and  fish  warden  at  the  end  of  each  month,*7  where 
the)  were  each  day  of  said  month  and  the  inquiries  and  efforts  by  them  made  to 
enforce  the  game  and  fish  laws;  and  each  is  vested  throughout  the  state  with  all  the 
powers  of  a  sheriff  in  making  arrests  and  in  the  prosecution  of  all  offenses  against 
the  game  and  fish  laws  of  said  state. 

Special  deputies;  Compensation:  Sec  12  [As  replaced  by  sec.  2, chap.  139,  Laws 
1907].  The  compensatian  of  all  special  deputy  game  and  fish  wardens  shall  here- 
after be  at  the  rate  of  fifteen  hundred  (81500.00)  dollars  per  annum,  payable  in 
monthly  installments  at  the  end  of  each  month.  Each  special  deputy  game  and  fish 
warden  shall  be  allowed  three  hundred  (S300.00)  dollars  per  annum,  or  as  much 
thereof  as  may  be  necessary  for  his  actual  and  necessary  traveling  expenses  in  his 
own  district,  when  actually  engaged  in  discharging  the  duties  of  his  office,  to  be  paid 
out  of  the  game  and  fish  fund  upon  vouchers  duly  audited  by  the  State  Board  of 
Examiners. 

Districts:  Sec  13.  The  state  game  and  fish  warden  may  divide  the  State  from 
time  to  time  into  such  fish  districts,  as  to  him  may  seem  best  and  designate  a  special 
deputy  game  and  fish  warden  to  take  charge  of  said  district  and  to  perform  the  duties 
of  special  deputy  game  and  fish  warden  therein.  The  state  game  and  fish  warden 
may  however  when  he  deems  it  necessary  for  the  better  enforcement  of  the  game 

«See  Laws  of  1907,  chap.  142,  authorizing  State  warden  to  appoint  four  additional 
special  deputies,  and  requiring  such  deputies  to  make  a  weekly  report  to  the  State 
warden. 


MONT  AN  Am,  1  '.'7 

and  fish  laws,  send  anj  of  said  special  deputies  from  the  district  i  to  them 

•  ..iiii  services  In  another  pari  of  the  state,  and  when  such  special  deput)  game 
and  fish  warden  Is  so  senl  from  his  district  to  perform  duties  in  an}  other  pari  of  the 
-tarn  he  »hall  receive  pa)  for  actual  and  necessary  expenses  Incurred  by  him  while 
traveling  outride  of  his  district  in  performance  of  duty  under  the  direction  oi 
state  game  and  fish  \\  arden. 

Fund:    S»     14        \-  amended  bj    Laws  of    1903,  chap.  88.]     There  Is  hei 
I  a  i'u n«  1  t<>  he  known  as  tin-  'Fish  and  Game'  Fund;  and  all  fines  and  licenses 
and  other  moneys  collected  under  any  of  the  provisions  of  the  Game  and  Fish  laws 
shall  be  paid  to  the  State  Treasurer  and  by  him  placed  in  tin-  Fish  and  <  tame  Fund. 

Proceedings;  Search;  Seizure;  Sale  of  seized  game;  Nonliability.  Sbc.  16. 
The  state  game  and  fish  warden,  the  deputy  game  and  fish  wardens,  and  the  Bpecial 
deputy  game  and  fish  wardens  may  make  complaint  and  cause  proceedings  to  be 
commenced  against  any  person  for  violation  of  any  of  the  laws  for  the  protection  of 
game  or  fish  and  in  such  case  he  shall  not  be  obliged  to  furnish  security  for 
Any  of -aid  wardens  shall  have  power  to  search  any  person  and  examine  any  boat 
conveyance,  vehicle,  fish  box,  fish  basket,  game  bag  or  game  coat,  or  any  other  recep- 
tacle for  game  or  tish  when  he  has  good  reasons  to  believe  that  he  will  thereby  Becure 
evidence  of  the  violation  of  the  law.  Any  of  said  wardens  shall  at  any  and  all  times 
seize  and  take  possession  of  any  and  all  birds,  animals  or  fish  which  have  been 
caught,  taken  or  killed  at  any  time,  in  a  manner  and  for  a  purpose  or  had  in  p 
sion  or  under  control  or  had  been  shipped  contrary  to  any  laws  of  the  state,  and  such 
seizure  may  be  made  without  a  warrant.  Any  court  having  jurisdiction  of  the  offense 
upon  receiving  proof  of  probable  cause  for  believing  in  the  concealment  of  any  bird. 
animal  or  fish  caught,  taken,  or  killed,  had  in  possession,  under  control,  or  shipped 
Contrary  to  any  of  the  laws  of  this  state  shall  issue  a  search  warrant  and  cause  a  search 
to  1.,-  made  in  any  place,  and  to  that  end  may  cause  any  building,  enclosure  or  car  to 
be  entered,  and  any  apartment,  chest,  box,  locker,  crate,  basket.  <»r  package  to  be 

broken  open  and  the  contents  thereof  examined  by  the  game  and  fish  warden,  or  any 
deputy  game  and  tish  warden,  or  any  special  deputy  game  and  fish  warden,  or  any 
sheriff,  deputy  Bheriff  or  constable.  All  birds,  animals  or  fish  seized  by  any  officer, 
a-  herein  provided  Bhall  be  sold  by  said  officer  at  a  time  and  in  a  manner  BO  a-  to 
receive  the  highest  price  therefor,  and  shall  issue  a  certificate  to  the  party  purchasing 

ime  certifying  that  the  same  was  Legally  obtained  and  possessed,  and  any  one 
BO  acquiring  the  same  within  this  state  Bhall  have  the  right  to  deal  therewith  the 
same  a-  if  it  had  been  killed  and  was  possessed  in  accordance  with  the  laws  of  this 

anything  herein  to  the  contrary  notwithstanding  and  shall  pay  the  money  to 
the  court  before  whom  the  person  having  the  same  in  possession  at  the  time  of  such 
seizure  shall  be  prosecuted,  and  if  the  person  from  whom  said  birds,  animals  and  tish 

taken,  i-  found  guilty  before  said  court  of  any  violation  of  the  tish  and  game 
law-  of  this  state,  said  money  shall  be  paid  to  the  State  Treasurer,  and  by  him 
deposited  into  the  tish  and  game  fund,  but  should  it  be  found  that  the  party  from 
Whom  the  same  was  taken  is  not  guilty  of  any  violation  of  the  game  and  tish  laws  of 
this  state,  said  money  shall  be  paid  to  the  party  from  whom  said  birds,  animals  or 
fish  were  taken.  No  officer  shall  be  liable  for  any  damages  on  account  of  any  search, 
examination,  seizure  or  sale  as  herein  provided  for. 

Accounts:  Sec.  17.  No  warrant  shall  be  issued  for  the  amount  to  be  paid  to  the 
State  Game  and  Fish  Warden,  or  any  of  the  special  deputy  game  ami  tish  wardens 
appointed  by  him,  by  the  Auditor  of  the  state,  until  itemized  accounts,  properly 
verified,  shall  be  presented  by  the  person  to  whom  the  warrant  i-  t<»  be  issued  or 
until  the  same  is  certified  to  as  correct  by  the  Governor  of  the  state.  Upon  the 
presentation  of  said  accounts,  duly  verified  and  certified,  as  above,  the  State  Auditor 
shall  draw  a  warrant  on  the  fish  and  game  fund  on  the  State  Treasurer,  in  favor  of 


198  GAME    COMMISSIONS    AND    WARDENS. 

the  party  or  parties  entitled  thereto,  tor  the  amount  so  certified,  and  the  same  shall 
be  paid  out  of  said   fund. 

Report:  Sec.  Is.  The  State  Game  and  Fish  "Warden  shall  make  a  semi-annual 
report  to  the  Governor  of  all  prosecutions  instituted  by  himself  and  the  different 
deputies  during  the  six  months  prior  to  said  report,  ami  shall  state  in  said  report  any 
and  all  information  he  may  have  obtained  in  regard  to  the  condition  of  game  and 
fish  in  the  State  of  Montana,  together  with  any  information  that  may  aid  in  pro- 
tecting the  fish  and  game  of  said  state  in  the  future. 

Disposition  of  license  fees:  Sec  24.  All  money  received  by  the  State  (iaine 
and  Fish  Warden  for  the  foregoing  licenses  [nonresident]  shall  be  paid  by  him  to 
the  State  Treasurer  and  by  him  placed  to  the  credit  of  the  Fish  and  Game  Fund. 

Laws  of  1897,  p.  249. 

Prima  facie  evidence:  Sec.  16.  The  possession  of  the  dead  bodies  or  any  part 
thereof,  of  any  of  the  birds  or  animals  mentioned  in  this  Act  shall  be  prima  facie 
evidence  that  such  person  or  persons  is  or  are  guilty  of  killing  the  same. 

Grand  jury;  Jurisdiction;  Indians;  Peace  officers:  Sec  20.  It  shall  be  the 
duty  of  all  grand  juries  to  investigate  all  infractions  of  any  of  the  provisions  of  this 
Act,  except  such  cases  and  violations  as  have  been  tried  by  a  court  of  competent 
jurisdiction,  and  upon  due  proof  of  violation  of  any  of  the  said  provisions,  they  shall 
proceed  to  indict  such  party  or  parties  according  to  law,  and  it  is  hereby  made  the 
duty  of  the  Judge  of  the  District  Court  to  call  the  attention  of  the  Grand  Jury  to  the 
provisions  of  this  Act.  The  District  Court  shall  have  concurrent  jurisdiction  with 
the  justices  of  the  peace  of  all  offenses  committed  under  the  provisions  of  this  Act. 
And  it  is  further  provided  that  in  construing  this  Act,  the  provisions  and  penalties 
hereinbefore  made  and  prescribed  shall  be  deemed  and  held  to  include  all  Indians 
and  half  breed  Indians  when  outside  the  Indian  Reservation.  It  is  further  provided 
and  declared  to  be  the  duty  of  any  sheriff,  or  peace  officer  of  any  county  of  this 
State,  and  the  county  attorneys  of  the  respective  counties  when  it  shall  come  to  their 
knowledge,  or  they  shall  have  reason  to  believe  that  any  person  has  violated  any  of 
the  Sections  of  this  Act,  to  commence  criminal  proceedings  against  them  either  in 
the  Justice  or  District  Court,  as  in  their  judgment  shall  be  proper,  and  any  failure 
on  the  part  of  any  county  attorney,  sheriff  or  other  peace  officer,  or  game  warden, 
who  has  knowledge  of  the  violation  of  any  of  the  provisions  of  this  Act  to  commence 
such  proceedings,  shall  be  deemed  a  misdemeanor,  and  he  shall  be  punished  by  a 
fine  of  not  to  exceed  Five  Hundred  Dollars  or  by  imprisonment  in  the  county  jail 
for  not  less  than  six  months,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court  and  shall  forfeit  his  office. 

Extradition:  Sec  23.  Whenever  it  shall  appear  under  any  prosecution  under  any 
Section  of  this  Act  making  it  a  felony  for  the  violation  thereof  that  the  crime  was 
committed,  or  that  the  game  was  killed  or  the  fish  caught  in  violation  of  law  in 
any  State  other  than  Montana  it  shall  be  the  duty  of  the  magistrate  or  the  court 
before  whom  the  trial  was  had  to  hold  said  defendant  for  at  least  ten  days,  and  for 
further  time  as  may  be  necessary  to  allow  the  authorities  of  said  State  wherein  the 
law  has  been  violated  to  take  the  necessary  steps  to  secure  the  arrest  and  extradition 
of  the  accused,  if  they  so  desire;  and  on  the  holding  of  the  accused  under  the  pro- 
visions of  this  Section,  it  shall  be  the  duty  of  the  county  attorney,  or  attorney  prose- 
cuting to  immediately  notify  the  proper  officers  of  this  State  and  county  in  which  it 
appears  the  law  has  been  violated,  of  all  the  facts  and  circumstances  connected  with 
said  proceeding. 

Laws  of  1903,  chap.  XI,  p.  11. 

Contraband  game:  Sec  9.  *  *  *  All  game  shipped  or  had  in  possession  in 
violation  of  any  of  the  provisions  of  this  Act  may  be  seized,  confiscated,  and  disposed 
of,  as  provided  by  law. 


M"\  !   \  N  \.  L99 

Gun;  10.   *  Ever)  person  acting  as  a  guide  in  this  State  nhal 

U»  <  nun-  and  Fish  Warden,  and  shall  file  with  the  81 

Warden  his  oath  of  office  as  such  Deput)  Game  Warden,  butshall  receive  n m- 

pensation  from  the  State  in  an)  \\a\  forsucl  other  than  the  considei 

above  mentioned. 

B  iponsibility;  Sb  11.  Any  person  acting  as  a  guide  for  an)  person  or  party 
shall  be  equally  responsible  with  such  person  or  party,  for  any  violation  of  tin- law, 
any  Buch  guide  u h« »  shall  willfullj  fail  or  refuse  to  report  an)  violation  of  the  law, 
by  the  said  person  or  party  employing  him,  -hall  be  liable  to  the  penalties  aa  here- 
inafter provided  for. 

Definition  of  guide:  Sbc.  12.  Any  person  who  Bhall,  for  pay,  aid  or  assist  any 
i  or  party,  in  locating,  pursuing,  hunting  or  killing  any  of  the  game  birds  <>r 
animals  mentioned  in  this  Act  shall  be  deemed  a  guide  within  the  meaning  of  this 
>n. 

Report  by  guide:  Bbc,  13,  Whenever  a  guide  is  employed  by  any  person  or 
part) .  such  guide  shall  at  the  expiration  of  the  period  of  the  time  for  \\  trich  he  was 
employed,  make  a  written  statement  t«>  the  State  Game  and  Fish  Warden,  stating 
the  number  of  days  he  was  employed,  the  number  of  persons  guided,  their  names, 
residences,  and  the  number  of  each  kind  of  game  killed,  and  if  non-residents,  the 
number  of  their  license. 

Laws  of  1903,  S.  B.  90,  p.  158. 

Indians:  S»  .  I.  Any  Indian  who  while  off  of,  or  away  from,  any  Indian  reserva- 
tion, carries  or  bears,  or  causes  to  be  carried  or  borne  by  any  member  of  any  party 
with  which  he  may  travel  or  stop,  any  pistol,  revolver,  rifle  or  other  tire  arm,  or 
any  ammunition  for  any  fire  arm.  shall  be  guilty  of  a  misdemeanor;  and  such  arms 
shall  be  seized,  confiscated  and  sold  by  the  officers  making  the  arrest  and  the  pro- 
of such  sale  shall  be  disposed  of  as  follows:  When  seized  and  sold  by  an  officer 
of  the  Stork  Association  the  proceeds  shall  be  sent  to  the  state  treasurer  and  by  him 
placed  to  the  credit  of  the  stock  inspector  and  detective  fund;  when  seized  and  Bold 
by  a  game  warden,  the  proceeds  shall  be  placed  to  the  credit  of  the  tish  and  game 
fund;  and  when  seized  and  sold  by  any  other  peace  officer,  the  proceeds  Bhall  be 
turned  over  to  the  county  treasurer  and  placed  to  the  credit  of  the  general  fund  in 
which  county  the  arrest  was  made. 

Laws  of  1905,  chap.  52,  p.  112. 

Civil  action:  Sbc.  10.  Ajl  fines,  bonds  and  penalties  mentioned  in  any  section  of 
this  act  [protecting  moose,  bison,  caribou,  antelope  and  heaver  at  all  times:  fixings 
close  season  on  other  game;  limiting  bag,  etc.]  may  be  collected  by  a  civil  action  in 

the  name  of  the  state  of  Montana  in  any  con  it  of  competent  jurisdiction  upon  proper 
complaint  being  filed,  and  the  amount  of  all  fines  and  bonds  collected  under  the  pro- 
vision- of  this  act  shall  be  paid  to  the  state  treasurer  and  by  him  place*  1  to  the  credit 
of  the  tish  and  game  fund.  All  such  fines,  bonds  and  costs  shall  be  collected  without 
stay  of  execution,  and  the  defendant,  or  defendants,  may  by  order  of  the  court  he 
Confined  in  the  county  jail  of  the  county  until  such  fine  and  costs  arc  paid. 
Approved  Mar.  I,  1905. 

Laws  of  1905,  chap.  57,  p.  123. 

Prima  facie  evidence:  Sbc.  3.  *  *  *  The  possession  of  a  gun  or  rod  in  the 
fields,  or  in  the  forests,  or  on  or  about  the  waters  of  this  state  by  any  non-resident 
of  this  .state,  without  first  securing  the  license  required  by  this  act,  shall  he  prima 


200  GAME    COMMISSIONS   AND    WARDENS. 

facie  evidence  of  the  violation  of  its  provisions,  and  any  game  warden  or  peace  officer 
has  the  right  to  arrest  any  such  party  or  parties  without  a  warrant. 

Disposition  of  license  fees:  Sec.  5.  [Requires  justices  of  the  peace  to  remit  on 
the  last  day  of  each  month  to  the  state  treasurer  funds  collected  from  residents  for 
licenses  and  at  same  time  to  notify  the  state  game  warden  of  the  amount  so  remitted.] 

Identification  of  license:  Sec  8.  *  *     If  any  game  warden  or  other  peace 

officer  has  reason  to  believe  that  a  license  is  in  the  hands  of  a  person  other  than  the 
lawful  licensee,  such  officer  may  require  such  party  having  the  license  to  identify 
himself,  and  any  such  person  refusing  on  such  demand  to  identify  himself,  shall  be 
guilty  of  a  misdemeanor    *     *     * 

Moneys  collected  by  deputies:  Sec  9.  *  *  *  All  moneys  collected  by 
deputy  game  wardens  shall  be  sent  to  the  state  game  and  fish  warden  and  receipted 
for  by  him  and  he  shall  turn  the  same  over  to  the  state  treasurer  with  other  moneys 
collected  by  him  as  prescribed  by  law. 

Export  permits:  Sec  10.  [State  game  warden  required  to  collect  fee  of  fifty  cents 
for  issue  of  export  permits.]  All  money  so  received  shall  be  turned  over  by  him  to 
the  state  treasurer  at  the  time  and  in  the  manner  prescribed  by  law  and  the  state 
treasurer  shall  place  such  money  to  the  credit  of  the  fish  and  game  fund. 

Office  clerk:  Sec  11.  [As  amended  by  sec.  3,  chap.  139,  Laws  1907.]  The  state 
game  and  fish  warden  shall  have  the  right  to  employ  an  office  clerk  at  a  salary  of 
twelve  hundred  (81200.00)  dollars  per  year,  and  said  clerk  shall  be  paid  monthly 
by  warrant  drawn  on  the  fish  and  game  fund  by  the  state  auditor  in. the  same  manner 
as  for  the  salary  of  deputy  game  and  fish  wardens. 

Packers  to  be  guides:  Sec  12.  Any  person  who  shall  engage  in  the  business  of 
packing  for  hunting  parties,  as  the  term  is  commonly  understood,  or  who  shall  for 
pay,  accompany  such  party  as  guide,  packer  or  cook,  shall  be  considered  a  guide 
and  shall  come  within  the  requirements  provided  for  in  Sections  10,  11,  13  and  14  of 
Senate  Bill  No.  30,  approved  February  21st,  1903;  provided,  however,  it  shall  be 
necessary  only  for  one  of  the  persons  above  named,  with  each  and  every  hunting 
party,  to  have  fulfilled  the  requirements  of  this  section. 

Disposition  of  fish  and  game  fund:  Sec  13.  The  state  treasurer  is  hereby 
directed  to  keep  all  moneys  now  in  the  fish  and  game  fund  and  all  moneys  placed 
hereafter  in  such  fund  for  the  payment  only  of  the  salaries  and  other  expenses 
incurred  by  the  game  and  fish  warden's  department. 

Laws  of  1907,  chap.  142,  p.  366. 

Reports  of  special  deputies:  Sec  V.  All  Special  Deputy  State  Game  and  Fish 
Wardens  shall  make  out  each  day  a  report  of  all  matters  attended  to  and  business 
transacted  on  said  day  and  at  the  end  of  each  week  shall  forward  such  report  to  the 
State  Game  and  Fish  Warden. 

Additional  special  deputies:  Sec  IX.  The  State  Game  and  Fish  Warden  is 
hereby  authorized  and  empowered  to  create  four  additional  game  and  fish  districts  and 
to  appoint  and  employ  four  additional  Special  Deputy  Game  and  Fish  Wardens  whose 
duties  and  compensation  shall  be  the  same  as  is  already  provided  for  in  House  Bill 
No.  147,  Session  Laws  1901;  such  appointments  may  be  made  by  the  State  Game 
and  Fish  Warden  at  any  time  as  in  his  judgment  the  needs  of  the  State  may  require. 

Duties:  Sec.  X.  Xo  Special  Deputy  State  Game  and  Fish  Warden  while  holding 
such  appointment  or  serving  in  such  capacity  shall  engage  actively  in  any  other 
business,  trade  or  profession,  or  perform  any  other  duties  other  than  those  required 
for  the  proper  fulfillment  of  his  office. 


NEBRASKA*  201 

NEBRASKA. 

Laws  of  1901.  chap.  86,  p.  :*G4. 

A  1 :  I  I.   1  I      I  . 

Game  commission;  Duties:  S»c,  I.  There  i-  hereby  created  a  game  and  fish 
commisfion  for  the  State  of  Nebraska,  which  shall  have  the  general  charge  ol  the 
following  named  public  matters,  vis: 

1.  The  protection,  propagation  and  breeding  of  rach  fish  and  game,  song,  insectiv- 
orous and  other  birds  as  may  be  deemed  valuable  t<>  the  people  of  the  State. 

2,  The  collection  and  distribution  of  Bucb  Btatistics  and  information  as  may  be 
deemed  useful  respecting  the  protection  and  propagation  of  ash  and  game,  song, 
insectivorous  and  other  birds,  and  to  take  charge  and  preserve  all  books,  records  and 
documents  pertaining  to  tin-  subject  which  may  come  into  the  possession  ol 
commission,  «>r  under  it.-  control. 

Fish.] 

-}.  The  enforcement  of  all  laws  of  the  State  for  the  protection,  preservation  and 
propagation  of  fish  and  game,  song,  insectivorous  and  other  useful  birds. 

Commissioner;  Deputies;  Compensation:  Sec.  2.  [As  amended  by  Law-  of 
1905,  chap.  74.  J  The  affairs  of  said  commission  shall  be  conducted  by  a  game  and 
fish  commissioner  and  such  subordinates  as  are  provided  for  in  this  act 

The  Governor  is  hereby  made  the  game  and  fish  commissioner,  and  be  is.  required 
within  thirty  days  from  the  approval  of  this  act,  and  every  two  years  t  hereafter,  to 
appoint  two  deputy  game  and  fish  commissioners,  who  Bhall  hold  office  for  a  terra 
of  two  3  ears,  or  until  their  successors  shall  have  qualified,  and  who  may  be  removed 
by  the  Governor  at  any  time  for  cause.  One  of  said  deputies  shall  be  designated  as 
the  chief  deputy,  who  shall  reside  in  the  City  of  Lincoln,  and  who  shall,  under  the 
direction  of  the  commissioner,  devote  his  entire  time  to  the  affairs  of  this  office. 
One  of  Baid  deputies  shall  he  skilled  in  the  science  of  tish  culture  and  shall  under 
the  direction  of  the  commissioners  have  the  control  and  management  of  all  fish 
hatcheries  of  the  State  and  the  distribution  of  fish  spawn  and  fry  in  the  water.- of 
the  State.     Said  deputies  shall  receive  compensation  as  follow-: 

The  chief  deputy  shall  receive  a  Balary  of  one  thousand  and  five  hundred  I 
dollars  per  annum,  payable  quarterly,  and  the  other  deputy  in  charge  of  state  fish 
hatcheries  shall  receive  a  salary  of  one  thousand  two  hundred  ($1,200)  dollars  per 
annum,  payable  quarterly,  also  their  actual  traveling  and  subsistence  expena  - 
exceeding  $500  per  year,  when  absent  from  their  respective  homes  in  the  discharge 
of  their  official  duties.  Said  commissioner  shall  also  within  thirty  days  from  the 
approval  of  this  act  appoint,  and  may  remove  at  his  pleasure,  three  deputies  who 
shall  receive  seventy-five  ($75.00)  dollars  per  month,  payable  monthly,  for  such  time 
only  as  they  shall  be  actually  employed  in  the  discharge  of  their  official  duties  under 
the  direction  of  the  commissioner.  They  shall  also  receive  their  actual  traveling 
and  subsisting  expenses  not  exceeding  three  hundred  ($300.00)  dollars  per  year, 
while  absent  from  their  respective  home.-  in  the  discharge  of  their  official  duties. 
The  commissioner  may  also  at  his  pleasure  in  writing  appoint  for  special  purposes, 
deputies  who  shall  serve  for  such  special  purposes  without  compensation  such  pur- 
-  being  stated  in  the  written  appointment,  and  who  shall  have  for  such  purpose 
the  same  powers  as  the  deputies  hereinbefore  mentioned. 

Office;  Secretary;  Compensation:  8bc.  3.  The  commission  Bhall  be  provided 
at  the  State  Capitol  with  suitable  furniture,  stationery  ami  other  facilities  for  the 
transaction  of  its  business.  And  the  commissioner  may  appoint  and  remove  at  his 
pleasure,  a  secretary  at  a  Balary  not  exceeding  seventy-live  ($75)  per  month,  payable 
monthly.  Provided  the  commissioner  may  in  his  discretion  require  the  chief  deputy 
to  act  as  secretary  of  said  commission,  in  which  case  said  deputy  shall  receive  three 

"  Laws  of   L907  not  received. 


202  GAME    COMMISSIONS    AND    WARDENS. 

hundred  (8300)  dollars,  per  annum,  for  such  service,  in  addition  to  the  salary  herein 
provided. 

Powers:  Sec.  4.  Said  commissioner  and  his  deputies  are  hereby  made  officers  of 
the  State  with  all  of  the  powers  of  sheriffs  and  constables,  while  acting  within  the 
line  of  their  official  duties,  with  authority  to  make  arrests  and  to  serve  all  writs  and 
processes,  civil  and  criminal,  in  the  enforcement  of  this  act,  and  to  charge  therefor 
and  collect  the  fees  allowed  by  law  for  like  services  by  sheriffs  and  constables. 

Arrest;  Seizure;  Search:  Sec.  5.  The  commissioner  and  deputy  commissioner, 
and  every  sheriff  and  constable,  in  his  respective  county,  is  authorized  and  required 
to  enforce  this  act  and  seize  any  fish  or  game,  song,  insectivorous,  or  other  birds 
taken  or  held  in  violation  of  this  act,  and  he  shall  have  full  power  and  authority, 
and  it  shall  be  the  duty  of  every  such  officer,  with  or  without  a  warrant,  to  arrest 
any  person  whom  he  has  reason  to  believe  guilty  of  a  violation  thereof;  and  with  or 
without  a  warrant,  to  open,  enter  and  examine  all  camps,  wagons,  cars,  stages,  tents, 
packs,  warehouses,  stores,  outhouses,  stables,  barns,  and  other  places,  boxes,  barrels, 
and  packages  where  he  has  reason  to  believe  any  fish  or  game,  song,  insectivorous  or 
other  birds  taken  or  held  in  violation  of  this  act,  is  to  be  found,  and  to  seize  the 
same;  provided  that  a  dwelling  house  actually  occupied  can  be  entered  for  examina- 
tion only  in  pursuance  of  a  warrant. 

Conveyance :  Sec.  6.  Where  fish  or  game,  song,  insectivorous  or  other  birds  is 
[are]  seized  under  this  act,  the  officer  making  such  seizure  shall  have  authority,  upon 
payment  of  reasonable  compensation  therefor,  to  also  take  possession  of  and  use  any 
animals  and  vehicles  used  in  such  transportation  for  the  purpose  of  conveying  the 
fish  or  game,  song,  insectivorous  or  other  birds  seized  to  a  convenient  railroad  sta- 
tion or  place  of  safe  keeping  for  sale,  and  also  for  conveying  any  person  arrested  for 
the  unlawful  possession  of  such  fish  or  game,  song,  insectivorous  or  other  birds  to  a 
place  of  hearing  or  trial,  and  no  liability  shall  attach  to  such  officer  by  reason 
thereof,  but  this  section  shall  not  apply  to  any  animal  or  vehicle  while  being  used 
as  a  public  conveyance  for  passengers  or  mails,  or  to  any  railroad  car. 

Civil  action:  Sec  8.  The  commissioner  may,  if  he  so  elect,  bring  and  maintain  a 
civil  action  in  the  name  of  the  State  for  the  possession  of  any  fish  or  game,  song, 
insectivorous  or  other  birds,  taken,  killed  or  held  in  violation  of  this  act,  or  for  the 
value  thereof,  against  any  person  in  possession  or  exercising  control  over  the  same, 
and  if  required  by  the  commissioner  a  writ  of  replevin  shall  issue  therein  without 
bond.  No  previous  demand  for  possession  shall  be  necessary.  Neither  the  pendency 
of  such  action  nor  of  a  criminal  prosecution  for  the  same  taking,  killing  or  possession, 
shall  be  a  bar  to  the  other,  nor  shall  anything  in  this  section  affect  the  right  of 
seizure  under  the  other  provisions  of  this  act. 

Separate  offense:  Sec  11.  *  *  *  a  violation  as  to  each  individual  animal  or  bird 
or  part  thereof  shall  be  a  separate  offense,  and  two  or  more  offenses  may  be  charged 
in  the  same  complaint,  information  or  indictment,  and  proof  as  to  a  part  of  an  ani- 
mal shall  be  sufficient  to  sustain  a  charge  as  to  the  whole  of  it;  and  violations  as  to 
any  number  of  animals  or  birds  of  the  same  kind  may  be  charged  in  the  same  count 
and  punished  as  a  separate  offense  as  to  each  animal. 

Prima  facie  evidence;  Production  of  license,  etc.:  Sec  12.  The  possession  at 
any  time  of  fish  or  game,  song,  insectivorous  or  other  birds  unaccompanied  by  a 
proper  and  valid  license,  certificate,  permit  or  invoice,  as  herein  provided,  shall  be 
prima  facie  evidence  that  such  fish  or  game,,  song,  insectivorous  or  other  bird  was 
unlawfully  taken  and  is  unlawfully  held  in  possession  and  it  shall  be  the  duty  of 
every  person  having  the  possession  or  control  of  fish  or  game,  song,  insectivorous  or 
other  birds  to  produce  the  proper  license,  certificate,  permit  or  invoice,  when  one 
is  required  by  this  act,  on  demand  of  any  officer,  and  to  permit  the  same  to  be 
inspected  and  copied  by  him. 


NEBRASKA.  208 

Corporation:  B»    11    In  case  of  a  violation  of  this  act  1  the  war- 

rant of  arrest  may  be  served  on  the  president,  secretary  "i  ke,  ><i 

general  or  local  agent  thereof  in  the  County  where  the  action  is  pending 
open  the  return  of  Buch  warrant  so  served,  the  corporation  Bhall  be  deemed  in  <  Jourt 
and  Bubjeet  to  the  jurisdiction  thereof ,  and  any  fine  Imposed  may  be  collected  by 
execution  trains!  1 1 1 « -  property  of  such  corporation,  but    this  section  Bhall  not  be 
deemed  to  exempt  anj  agenl  or  employe  from  prosecution. 

Publiahing1  laws:  Sac.  16.  The  commissioner  shall  publish  in  pamphlet  form  for 
distribution  the  laws  relating  to  game  and  fish  :it  a  cost  not  exceeding $300.  \nd 
he  shall  have  power  to  prescribe  such  rules,  regulations  and  forms  as  maj  be  required 
to  carry  out  the  true  intent  and  purpose  of  this  act  and  not  inconsistent  therewith. 

\  i;  i  i<  i  i    I  I  . 

Title  not  involved  in  trespass  case:  Sac.  -.  \"  person  Bhall  shoot  on  orfrom 
■  public  highway  at  any  game,  song,  insectivorous  or  other  bird  or  fish  or  hunt  game 
on  any  land  not  public  land,  without  the  consent  of  the  owner  or  persons  in  charge 
of  the  same,  nor  tish  or  hunt  in  any  private  park,  lake  or  preserve  without  the  con- 
sent of  tin-  proprietor  or  person  in  charge  of  the  Bame,  and  do  question  of  ownership, 
proprietorship  or  charge  Bhall  defeat  a  prosecution  unless  it  appears  that  the  accused 
in  good  faith  lias  heretofore  claimed  and  at  the  tunc  of  the  commission  of  this  acl 
complained  of  [or]  claimed  to  be  such  owner,  proprietor  or  to  have  Buch  charge 
to  have  had  the  consent  of  the  owner,  proprietor  or  person  in  charge,  and  -hall 
establish  such  claim. 

Laws  of  other  States:  Sac.  14.  *  *  *  it  shall  he  the  duty  of  the  state  fish 
and  game  commissioner  of  this  state  or  his  deputy  to  seize,  hold  and  dispose  of, 
according  to  the  laws  of  this  state,  any  fish  or  game  brought  into  or  shipped  into  this 
state.  ..r  carried  through,  or  attempted  to  be  carried  through  this  state,  prohibited 
to  l»c  so  shipped  or  transported  by  the  laws  of  any  other  state,  and  further  to  dispose 
of  the  same  according  to  the  laws  of  this  state.     *    *    * 

Civil  action;  Prima  facie  evidence:  Sec.  h">.  [Penalty  for  illegal  transportation 
of  game  to  he  recovered  in  a  civil  action  brought  in  the  name  of  the  state  fish  and 
game  commissioner  or  one  <>f  his  deputies,  and  possession  of  game  in  close  season  for 
shipment  or  transit  is  prima  facie  evidence  of  violation  of  law.] 

Disposition  of  confiscated  game:  Sec.  17.  *     Provided  that  game  and 

fish  confiscated  under  the  provisions  of  this  act  shall  he  delivered  to  one  or  more 
of  the  puhlic  institutions  for  the  care  of  the  unfortunate  or  other  charitable 
institutions.     *    *    * 

Prima  facie  evidence:  Sec.  IS.  The  naming  of  game  or  fish  upon  any  such  menu 
as  fo.nl  for  patrons  shall  be  prima  facie  evidence  of  the  possession  of  the  same  by  the 
proprietor  of  such  hotel,  restaurant,  cafe  or  boarding  house.     *    *    * 

A.RTICLE  III. 

Illegal  appliances;  Nuisances:  Sec.  1.  Every  net,  seine,  trap,  explosive,  poison- 
ous orstupefying  substance  or  device  used  or  intended  for  use  in  taking  or  killing 
game  or  fish  in  violation  of  this  act,  is  hereby  declared  to  be  a  public  nuisance  and 
may  he  abated  and  summarily  destroyed  by  any  person,  and  it  shall  he  the  duty  of 
every  such  officer  authorized  to  enforce  this  act  to  seize  and  summarily  destroy  the 
same,  and  no  prosecution  or  suit  shall  be  maintained  for  such  destruction;  provided, 
that  nothing  in  this  division  shall  he  construed  as  affecting  the  right  of  the  commis- 
sioner to  use  such  means  as  may  he  proper  for  the  promotion  of  game  and  fish 
propagation  and  culture.     *     *     * 


204  GAME    COMMISSIONS    AND    WARDENS. 

Article  IV. 

Disposition  of  fines;  Informers:  Sec.  5.  *  *  *  All  fines  recovered  under 
any  of  the  provisions  of  this  act  shall,  when  collected,  be  paid  into  the  treasury  of 
the  county  for  the  use  of  the  school  fund,  and  the  corporate  authorities  of  any  county, 
city  or  village,  within  whose  territiorial  jurisdiction  such  fine  was  recovered,  when 
such  lines  are  collected,  shall  pay  to  the  complaining  witness  in  such  prosecution,  out 
of  the  general  fund  of  such  county  receiving  such  fine,  an  amount  equal  to  one-half  of 
the  fine  actually  collected,  upon  the  proper  application  of  the  party  entitled  to  the 
same,  in  the  manner  usual  for  the  presentation  of  claims  against  counties. 

Disposition  of  license  fees:  Sec.  7.  All  monies  derived  from  licenses  and  per- 
mits issued  pursuant  to  this  act  shall  by  the  state  treasurer  be  paid  over  for  the  use 
of  the  school  fund  of  the  state. 

Prosecutions;  County  attorneys;  Peace  officers:  Sec.  9  Prosecutions  may  be 
brought  by  any  person  or  persons  in  the  name  of  the  State  of  Nebraska,  against  any 
party  or  parties  violating  any  of  the  provisions  of  this  act,  before  any  Justice  of  the 
Peace  or  County  Judge  of  the  County  in  which  said  violation  is  charged  to  have 
taken  place,  or  before  any  Court  of  competent  jurisdiction;  and  it  is  made  the  duty 
of  all  County  Attorneys  of  this  State  to  see  that  the  provisions  of  this  act  are  enforced 
in  their  respective  counties,  and  they  shall  prosecute  all  offenders  on  receiving  infor- 
mation of  the  violation  of  any  of  the  provisions  of  this. act;  and  it  is  made  the  duty 
of  all  sheriffs,  deputy  sheriffs,  constables  and  police  officers,  to  inform  against  and 
prosecute  each  and  every  party  or  parties,  person  or  persons,  whom  there  is  reason- 
able or  probable  cause  to  believe  are  guilty  of  violating  any  of  the  provisions  of  this 
act,  Any  county  attorney,  sheriff,  deputy  sheriff,  constable  or  police  officer  who 
shall  fail,  neglect  or  refuse  to  discharge  the  said  duties  hereby  imposed  on  such 
officers,  respectively,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  for 
each  offense. 

Approved  March  23,  1901. 

NEVADA." 
Laws  of  1901,  Chap.  XL VIII,  p.  57. 

Game  warden;  Bond:  Sec.  1.  It  is- hereby  made  the  duty  of  the  several  Boards 
of  County  Commisssoners  in  this  State,  at  their  first  regular  meeting  in  April,  nine- 
teen hundred  and  one,  and  annually  thereafter,  upon  the  petition  of  twenty  or  more 
resident  taxpayers,  to  appoint  a  Fish  and  Game  Warden  for  their  respective  coun- 
ties, who  shall  reside  in  the  county  for  which  he  is  appointed.  Each  Warden  so 
appointed,  before  entering  upon  the  duties  of  his  office,  shall  take  his  oath  of  office, 
and  give  an  undertaking  to  the  State  of  Nevada  for  the  use  of  the  respective  counties 
thereof,  with  two  or  more  sureties,  to  be  approved  by  the  Board  of  County  Commis- 
sioners conditionally  [conditioned]  for  the  faithful  performance  of  his  duties,  and  in 
such  sum  as  the  County  Commissioners  of  the  several  counties  may  deem  sufficient 
for  the  faithful  performance  of  the  duties  of  his  office  and  the  enforcement  of  the 
requirements  of  this  Act. 

Duties;  Powers;  Responsibility:  Sec.  2.  Said  Warden  is  hereby  empowered 
[and  it  shall  be  his  duty]  to  enforce  the  State  laws  and  all  county  and  municipal 
ordinances  relative  to  the  protection  of  fish  and  game;  and  he  shall  be  vested  with 
the  power  to  make  arrests  for  the  violation  of  such  laws  and  ordinances  in  any 
county  in  this  State;  to  appoint  a  deputy  or  deputies  who  shall  have  power  to  trans- 
act all  official  business  appertaining  to  said  officer,  to  the  same  extent  as  their  prin- 
cipal; provided,  that  said  Warden  shall  be  responsible  for  the  compensation  of  such 
deputy  or  deputies,  and  shall  be  responsible  on  his  official  bond  for  all  malfeasance 

«  Laws  of  1907  not  received. 


\  I  \  \i»\       n  I  u     SAMF8HIRE.  205 

<«r  nonfeasance  of  the  wiim'.     HoihIh  for  the  faithful  performance  ol  the  duties  of  hii 
official  deputi   or  deputies  may   be  required  of  Baid  depot}    or  deputit 
principal. 

Reports;  Removal:  B  I  Pish  and  Game  Warden  shall  report  quarterly 

lo  the  Board  of  Count}  Commissioners  of  his  county,  giving  a  detailed  statement  of 
all  arrests  made,  convictions  secured,  ones  collected,  and  generally  in  regard  t->  the 
management  of  Ins  office.  Snch  officers  maj  be  removed  by  tin-  Board  of  County 
Commissioners   for  intemperance,   neglect    of    duty   or  other  <j(»»\   and   sufficient 

Salary:  5  La  amended  by  Laws  of  1903,  chap.  98.]    The  salary  of  said  Fish 

and  Game  Wardens  shall  be  fixed  by  the  County  Commissioners  of  the  various 
counties  <>f  this  state  and  paid  <»ut  of  the  <  Seneral  Funds  of  their  respective  counties; 
provided,  that  the  salary  of  such  Fish  and  Game -Wardens  shall  not  •  10  per 

month. 

approved  March  12,  1901. 

NEW  HAMPSHIRE. 
Acts  of  1901,  chap.  79,  p.  567. 

Fish  and  game  commissioners:  Sec.  1.  The  governor,  with  the  advice  of  the 
council,  shall  appoint  a  board  of  fish  and  game  commissioners  not  exceeding  three 
in  number,  who  shall  bold  office  for  five  year-:  unless  sooner  removed.  The  board 
as  now  constituted  is  continued. 

Restocking-:  Sbc.  2.  The  commissioners  shall  enforce  the  fish  and  game  laws, 
shall  take  the  necessary  measures  for  restocking  or  introducing  any  desirable  fish 
into  the  waters  of  this  state,  and  they  may  cooperate  with  the  commissioners  of 
other  states,  having  joint  interests  with  this  state,  for  that  purpose. 

Special  detectives:  Sec.  8.  The  fish  and  game  commissioners  may.  whenever 
■key  deem  it  necessary,  and  shall,  upon  the  request  of  three  reputable  citizens, 
appoint  <>ne  or  more  persons  to  act  a<  special  detectives  in  cases  of  prosecution 
relating  to  fish  and  game.  The  compensation  of  such  detectives  shall  he  fixed  by 
said  commissioners  and  paid  from  the  fish  and  game  detective  fund. 

Confiscation:  Sbc.  9.   All  fish  and  game  found  in  the  possession  of  any  person  or 
persons  who  ha\  e  illegally  taken  the  same  shall  be  confiscated  by  the  fish  and  game 
hetnmissioners  and   sold   by  them,  or  under  their  direction,  to  the  best  advai 
and  the  proceeds  of  such  sale  added  to  the  fish  and  game  detective  fund  in  the  state 
try. 

Reports;  Publishing  laws:  Sec.  10.  [As  amended  by  Laws  of  L903,  chap.  77.] 
The  fish  and  game  commissioners  shall  file  with  the  secretary  of  state,  on  or  before 
the  first  day  of  December,  in  each  alternate  year,  a  report  to  the  governor  and 
council  of  all  their  doings,  together  with  a  statement  of  all  their  expenses.  They 
shall  compile  and  issue  at  the  close  of  each  session  of  the  Legislatures  pamphlet 
edition  of  the  fish  and  game  laws,  with  the  session  amendments,  suitably  indexed, 
said  edition  not  to  exceed  ten  thousand  copies,  and  a  synopsis  of  snch  laws  printed 

on  cloth  not  to  exceed  one  thousand  copies. 

Compensation:  Sec.  11.  [As  amended  by  Laws  of  L 903,  Chap.  11.]  Said  commis- 
sioners shall  be  paid  their  traveling  and  other  expenses  necessarily  connected  with 
the  discharge  of  their  duties,  and  the  chairman  of  the  hoard  shall  receive  as  com- 
pensation for  his  Bervices  the  sum  of  one  thousand  dollars  per  annum,  and  the  two 
remaining  members  the  sum  of  eight  hundred  dollars  each  per  annum. 

Fund:  Sec.  12.  All  fines  and  forfeitures  accruing  from  prosecutions  for  violation 
of  the  fish  and  game  laws  shall  be  paid  into  the  state  treasury  and  placed  to  the 
credit  of  the  fish  and  game  commissioners,  and  he  known  as  the  fish  and  game  detec- 


206  GAME    COMMISSIONS    AND    WARDENS. 

tive  fund,  and  may  be  drawn  and  used  by  said  commissioners  from  time  to  time  as 
to  them  may  seem  accessary,  with  the  approval  of  the  governor  and  council. 

Powers:  Sbc.  13.  The  fish  and  game  commissioners,  their  deputies  and  detectives, 
in  the  performance  of  their  duties  shall  have  the  powers  of  constables,  and  shall  also 
have  authority  to  arrest,  on  view,  within  the  limits  of  the  state,  any  person  violating 
any  of  the  fish  and  game  laws. 

Prima  facie  evidence:  Sec.  30.  If  any  person  shall  at  any  time  have  in  his  pos- 
sesion the  carcasses  or  hides  of  any  moose,  caribou,  elk.  or  fawn,  or  the  parts 
thereof,  or  the  carcasses  or  hides  or  parts  thereof  of  more  than  two  deer,  in  the  open 
season  on  deer,  or  the  carcasses  or  hides  or  parts  thereof  of  any  deer  when  it  is 
unlawful  to  take  or  kill  deer,  or  the  carcasses  or  hides  or  parts  thereof  of  any  other 
animal  mentioned  in  this  act  when  it  is  unlawful  to  take  or  kill  such  animal,  it  shall 
be  prima  facie  evidence  that  such  person  has  hunted  and  killed  the  same  contrary 
to  law. 

Special  regulations:  Sec.  33.  [Fish  and  game  commissioners  shall  prescribe 
rules  and  regulations  for  transporting  out  of  the  state  game  animals  legally  killed  on 
the  Blue  Mountain  Forest  Preserve.] 

Approved  March  20,  1901. 

Laws  of  1905,  chap.  38,  p.  428. 

An  act  to  require  non-residents  to  procure  a  license  to  hunt. 

Production  of  license:  Sec.  4.  No  license  shall  be  valid  unless  the  signature  of 
the  person  to  whom  it  is  issued  is  written  thereon,  and  every  such  person  shall  at  all 
times  when  hunting  carry  his  license  on  his  person,  and  shall  at  all  reasonable  times 
and  as  often  as  requested  produce  and  show  such  license  to  any  person  requesting 
him  so  to  do.  and  if  he  fails  or  refuses  to  do  so  he  shall  forfeit  such  license  and  be 
deemed  to  be  hunting  in  violation  of  the  provisions  of  this  act. 

Arrest  of  licensee:  Sec  9.  The  fish  and  game  commissioners  and  the  detect- 
ives in  their  employ  shall  have  the  right,  after  demand  and  refusal  or  failure  to 
exhibit  such  license,  to  arrest  without  warrant  any  non-resident  person  or  persons 
found  hunting,  pursuing  or  killing  any  wild  animal,  wild  fowl  or  bird,  and  for  the 
purpose  of  this  arrest  any  person  who  shall  refuse  to  state  his  name  and  place  of 
re-idence  on  demand  of  such  officer  shall  be  deemed  a  non-resident. 

Disposition  of  license  fees:  Sec  10.  The  fee  for  the  license  provided  for  in  the 
preceding  sections  of  this  act  shall  be  ten  dollars,  the  money  received  by  the  com- 
missioners for  the  issuance  thereof  shall  be  turned  over  to  the  state  treasurer,  who 
shall  credit  the  same  to  the  detective  fund,  so  called,  to  be  expended  as  otherwise 
provided  for  by  law  and  under  the  same  supervision  as  any  other  moneys  belonging 
to  the  said  fund. 

Approved  March  1,  1905. 

Laws  of  1905,  chap.  98,  p.  515. 

An  act  to  prohibit  the  use  of  swivel  and  punt  guns. 

Confiscation  of  big-  guns:  Sec  1.  If  any  person  shall,  at  any  time,  within  this 
state,  hunt,  pursue,  shoot  at,  or  kill  any  game  bird,  as  denned  by  section  34  of  chap- 
ter 79  of  the  Laws  of  1901,  with  any  punt-gun,  swivel-gun,  or  other  gun  not  fired 
from  the  shoulder,  or  of  larger  bore  than  ten-gauge,  he  shall  be  fined  not  more  than 
ten  dollars  for  each  offense  and  shall  forfeit  all  guns  and  implements  with  which  the 
offense  was  committed.  And  all  guns  and  implements  so  used  shall  be  seized  by 
any  detective,  constable  or  police  officer  and  shall  be  destroyed  by  the  person  seizing 
them. 

Approved  March  10,  1905. 


NEW   JERSEY.  _'  I  • 

NEW  JERS1Y 

Arts  of  1895,  Chap.  CCXXIV.  p.  440.        Gen.  Stats.,  vol.  9,  p.    1     I 

b    and    game   commiai  3ic.  I.    Thai  the  present  commissioners  "i 

fisheries  oi  this  state  and  their  successors  shall  hereafter  be  known  and 
M  "The  board  of  fish  and  game  commissioners",  and  that  after  the  expiration  of 
the  terms  of  the  respective  members  ol  the  pi  ard,  said   board  shall  be 

appointed  by  the  governor  of  this  state  with  the  advice  and  consent  of  the  senate, 
and  shall  be  constituted  of  four  competent  persons,  who  shall  hold  office  for  five 
3,  and  until  their  successors  are  duly  appointed  and  qualified;  vacancies  occur- 
ring by  death,  resignation  or  otherwise  shall  be  filled  in  the  same  manner  and  for 
the  un    s  term  of  the  eommissioner  whose  office  shall  become  vacant;  provided, 

that  no  appointment  shall  be  made  by  reason  of  which  more  than  two  of  th< 
commissioners  shall  be  of  the  Bame  political  part) . 

Duties;  Powers;  Reports:    -  That    the  duties  of  the  said    board   shall   be 

the  protection  and  propagation  of  lish,  birds  and  game  animals  and  enforcement  of 
the  law  relating  thereto,  *  *  *  .  and  [said  board]  shall  have  power,  on  view  or 
information,  to  enforce  the  laws  for  tin-  protection  and  propagation  of  fish,  birds  and 
game  animal-  within  t  hi-  state,  by  arrest  and  pros*  -en  t  ion  of  the  offender  or  offenders, 
without  warrant  or  complaint,  and  shall  makes  lull  report  to  the  legislature  annu- 
ally, at  the  meeting  thereof,  for  the  year  ending  on  the  thirtieth  day  of  November 
preceding,  of  all  their  official  operations,  with  such  suggestions  and  recommendations 
a>  they  shall  <leem  useful. 

Wardens;  Bond;  Compensation:  Sec.  3.  That  the  said  board  of  fish  and  game 
commissioners  shall  appoint  twenty-five °  competent  men.  who  shall  be  known  as 
lish  and  game  wardens,  whose  powers  ami  duties  are  hereinafter  defined,  and  who 
shall  hold  office  for  one  year,  or  during  the  pleasure  of  the  said  board,  and  who  shall 
>ject  to  summary  removal  by  the  said  board  without  notice;  the  said  board 
.-hall  from  time  to  time  designate  one  of  said  warden-  as  the  fish  and  game  protector. 
who  shall  hold  such  office  during  the  pleasure  of  the  said  board  and  who  shall,  under 
the  supervision  of  this  board,  have  the  direction,  supervision  and  control  of  the  other 
tish  and  game  wardens;  the  fish  and  game  protector  shall  give  a  bond  to  the  said 
hoard  with  sureties  in  the  penal  sum  of  one  thousand  dollars,  and  each  of  said  warden- 
shall  give  to  said  board  a  bond  with  sureties,  in  the  penal  Bum  of  five  hundred  dollars, 
conditioned  for  the  faithful  discharge  i  >f  his  duties,  such  bond  to  be  approved  by  the 
commissioners,  and  upon  default  an  action  thereon  shall  be  brought  in  the  name  of 
the  state;  the  compensation  of  the  li-h  and  name  protector  shall  he  one  hundred 
Hollars  per  month,  payable  monthly,  and  he  shall  be  allowed  tor  the  expense-  in  the 
performance  of  his  duties  the  sum  of  three  hundred  dollars  per  annum:  the  compen- 
sation of  the  said  wardens  shall  be  at  the  rate  of  fifty  dollars  per  month  each,  pay- 
able monthly,  and  an  allowance  to  each  for  expenses  not  exceeding  two  hundred 
dollars  per  annum:  the  payment  of  traveling  and  incidental  expenses  of  said  lish  and 
game  wardens  shall  hi- made  upon  the  statement  of  said  lish  and  game  protector, 
duly  sworn  to  by  him,  that  the  charges  for  which  payment  is  asked  have  been 
incurred  in  the  discharge  of  official  duties,  and  that  the  bill  is  true  and  correct:  Buch 
bill  so  certified  to  by  the  said  lish  and  name  protector  shall  be  approved  of  by  the 
said  hoard  before  payment. 

Duties;  Powers;  Reports:  Sac.  4.  That  the  fish  and  game  wardens  shall  enforce 
all  the  laws  of  the  state  for  the  protection  of  fish,  birds  and  game  animals,  and  shall 
have  full  power  to  execute  all  processes  issued  for  the  violation  of  such  laws  and  to 
serve  subpoenas  issued  for  the  examination,  investigation  or  trial  of  all  offences 
against  said  laws;  each  fish  and  name  warden  shall  keep  a  daily  record  of  his  official 

a  See  Act  of  1896,  sec.  1. 


208 


GAME    COMMISSIONS    AND    WARDENS. 


acts,  and  shall  at  the  close  of  each  month  make  a  summary  of  such  record  with  such 
statements  in  detail  as  shall  be  necessary  for  the  information  of  the  said  board,  an< 
report  the  same  to  the  said  board;  the  fish  and  game  protector  shall  report  to  th< 
said- board  any  negligence  or  dereliction  of  duty  or  incompetency  on  the  part  of  any 
of  the  said  wardens,  with  the  facts  relating  thereto,  and  he  shall  report  monthly U 
said  hoard  the  operation  of  his  department  during  the  preceding  month,  and  make 
such  further  report  as  may  be  required  by  the  said  board;     *     *     * 

Peace  officers:  Sec.  5.  That  the  said  board  of  fish  and  game  commissioners  and 
the  fish  and  game  wardens  and  the  fish  and  game  protector  may,  in  the  discharge  of 
their  duties,  call  in  the  aid  of  any  constable,  sheriff  or  other  peace  officer  of  this  -tat 
when  deemed  necessary;  and  any  such  officer  neglecting  or  refusing  to  aid  whei 
thus  required  shall  forfeit  twenty-five  dollars,  to  be  recovered  by  action  of  debt;  the] 
shall  also  have  the  power  of  summary  arrest  in  cases  of  flagrant  violation  of  th< 
fishing  or  the  game  laws  of  this  state. 

Approved  March  22,  1895. 

Acts  of  1896,  chap.   130,  p.  185. 

Deputies:  [Sec]  1.  The  board  of  fish  and  game  commissioners  is  hereby  author- 
ized to  appoint  such  deputy  fish  and  game  wardens  as  such  board  may  deem  necessan 
for  the  better  enforcement  of  the  laws  regulating  the  taking  of  fish,  game  and  birds. 

Powers;  duties;  compensation:  [Sec]  2.  Such  deputy  fish  and  game  wardens 
shall  have  all  the  powers  and  authority  conferred  by  the  laws-of  this  state  on  fish  am 
game  wardens  of  the  state,  and  shall  be  entitled  to  all  the  fees  and  emoluments  oi 
such  office  of  fish  and  game  wardens,  and  shall  be  subject  to  the  regulations  pro- 
vided by  law  for  such  fish  and  game  wardens;  provided,  however,  that  such  deputy 
fish  and  game  wardens  shall  receive  no  salary  or  other  compensation  from  the  state. 

Acts  of  1897,  chap.  171,  p.  340. 

Wardens'  compensation:   [Sec]  1.  The  board  of  fish  and  game  commissions 
of  this  state  is  hereby  authorized  and  required,  at  its  first  meeting  after  the  passa^ 
of  this  act,  to  fix  the  annual  allowance  for  expenses  of  the  fish  and  game  protectoi 
and  the  fish  and  game  wardens,  and  may  at  any  meeting  thereafter,  for  good  caus 
appearing  to  them,  alter  such  allowance;  provided,  hoirerer,  that  such  allowance  for 
expenses  shall  not  in  any  year  exceed  the  total  amount  appropriated  by  the  legisla- 
ture for  that  purpose. 

Appropriations:  Sec  2.  All  moneys  appropriated  for  the  compensation  of  thi 
fish  and  game  protector,  the  fish  and  game -wardens  and  the  general  and  incidental 
expenses  of  the  board  of  fish  and  game  commissioners  shall  be  paid  by  the  treasurer 
of  this  state,  on  the  warrant  of  the  comptroller,  to  the  treasurer  of  such  board  oi 
fish  and  game  commissioners,  in  equal  monthly  instalments  on  the  first  day  of  each 
month. 

Approved  May  4,  1897. 


Acts  of  1897,  chap.  41,  p.  109. 

Enforcement  of  laws:  [Sec]  1.  All  laws  general  and  special,  for  the  protection 
of  fish,  game  and  birds,  or  in  any  manner  prohibiting  or  regulating  the  taking  or 
possession  of  the  same,  shall  hereafter  be  enforced  and  all  penalties  for  violations 
thereof  shall  hereafter  be  recovered  in  accordance  with  the  provisions  of  this  act. 

Jurisdiction:  [Sec]  2.  [As  amended  by  Laws  of  1905r  chap.  86.]  Justices  of  tht 
peace,  district  courts  and  police  magistrates  shall  have  jurisdiction  to  try  and  punisl 
any  person  or  persons,  corporation  or  corporations,  accused  of  violating  any  of  the 
laws  specified  in  the  first  section  of  this  act,  or  any  of  the  provisions  thereof,  and 


\  I  w     .11  R81  J  . 

ever)  penalty  prescribed  for  Buch  violation  ma) 

any  justice  of  the  peace,  district  court  or  police  ma  in  the  county 

where  the  offense  is  committed  or  where  the  offender  li  first  apprehended  or  where 
be  ma)   reside;  and  i u »t 1 1 i i i^r  contained  in  any  law   heretofore  passed  -hall  be  con 
Btrue<]  to  pn.hihit  juntices  of  the  peace  residing  within  the  limits  of  any  city  wl 
.  t  court  is  or  may  he  established  from  exercising  jurisdictio  i  under  this  act. 

Arrest;   Trial;    Commit  incut  :    [S»     |  3.    Such  justice  of   1 1 1  <  -    peace,  district  COUrt 

or  police  magistrate,  upon  receiving  c plaint  in  writing,  duly  verified,  of  the  viola- 

tion  of  an>  law  specified  in  the  first  Bection  of  this  act,  or  of  an)  of  the  provisions 
thereof,  is  hereby  authorized  and  required  to  issue  a  warrant,  directed  to  any  con- 
stable, police  officer,  fish  and  'jam.'  warden,  fish  and  game  protector,  or  deputy  fish 
and  game  warden  of  this  state  commanding  him  to  cause  the  person  or  persons  bo 
complained  of  to  be  arrested  and  brought  before  Buch  justice,  district  court  or  police 
magistrate,  and  shall  thereupon,  in  a  Bummary  way,  hear  and  determine  the  guill  or 
innocence  of  such  person  or  persons,  and,  upon  conviction,  shall  impose  upon  the 
person  or  persons  so  con\  icted  the  penalty  or  penalties  prescribed,  together  with  the 
[prosecution,  for  such  offense,  and  it'  any  person  or  persons  -hall  fail  to  pay 
the  penalty  or  penalties  so  imposed  together  with  the  costs  of  prosecution,  the  said 
justice,  district  f>>urt  or  police  magistrate  shall  commit  him  or  them  to  the  common 
jail  of  the  county  where  such  conviction  is  had.  for  a  period  not  exceeding  ninety 
days,  or  until  said  penalty  and  costs  arc  paid. 

Corporations:  [Sec.]  4.  Such  justice  of  the  peace,  district  court  or  police  magis- 
trate, upon  receiving  complaint  in  writing,  duly  verified,  of  the  violation  of  any  law 
specified  in  the  first  section  of  this  act,  or  of  any  of  the  provisions  thereof,  by  any 
corporation  or  corporation-,  is  hereby  authorized  and  required  to  issue  a  summons 
directed  to  any  constable,  police  officer,  fish  and  game  warden,  fish  and  game  pro- 
tector, or  deputy  fish  and  game  warden  of  this  state  requiring  such  corporation  or  cor- 
porations to  he  and  appear  before  such  justice  of  the  peace,  district  court  of  police 
magistrate  on  a  day  therein  named,  to  answer  the  said  complaint,  which  said  sum- 
mons shall  be  served  on  the  president,  vice-president,  secretary,  superintendent  or 
manager  of  Buch  corporation  at  least  five  days  before  the  time  of  appearance  men- 
tioned therein,  and  thereafter  all  proceedings  shall  be  the  same  as  in  cases  against 
individuals,  except  where  a  different  procedure  is  provided  by  this  act. 

Arrest;  Complaint;  Trial:  [8ec.]  5.  For  the  violation  of  any  law  specified  in  the 
tir-t  section  of  this  act,  or  of  any  of  the  provisions  thereof,  done  within  the  view  of  any 
constable,  police  officer,  fish  and  game  warden,  fish  and  game  protector,  deputy  fish 
and  game  warden,  oran  officer  or  member  of  any  incorporated  game  protective  society, 
such  officer  is  hereby  authorized,  without  warrant,  to  arrest  the  offender  or  offenders 
and  to  carry  him  or  them  before  a  justice  of  the  peace,  district  court  op  police 
magistrate  of  the  county  where  such  arrest  i^  made,  and  the  justice,  district  court  or 
police  magistrate  before  whom  such  offender  or  offenders  shall  he  taken  is  hereby 
authorized  ami  required  to  hear  and  determine  in  a  summary  way  the  guilt  or  inno- 
cence of  such  person  or  persons,  after  receiving  from  the  said  officer  a  complaint  in 
Writing,  duly  verified,  Betting  forth  the  nature  of  the  offense  for  which  the  said  per- 
son or  persons  was  or  were  arrested. 

Fees;  costs:  [Sec]  6.  In  any  action  commenced  under  the  provisions  of  this  act 
tin-  prevailing  party  shall  recover  costs  against  the  other;  and  the  same  fee-  and 
bosts  shall  be  allowed  therein  as  in  trials  before  justices  of  the  peace  holding  court 
for  the  trial  of  small  causes. 

Adjournment:  [Sec.]  7.  Any  hearing  to  be  held  pursuant  to  this  act  may.  for  good 
bause  shown,  he  adjourned  for  a  period  not  exceeding  thirty  da\  s  from  the  return  of 
any  warrant  of  the  time  of  appearance  mentioned  in  any  summon-,  or  from  the  date 
of  any  arrest  without  warrant,   as  the  case    may  he.  hut  in    such  case  it    shall  he  the 


210  GAME    COMMISSIONS    AND    WARDENS. 

duty  of  the  justice,  district  court  or  police  magistrate  to  detain  the  defendant  or 
defendants  in  safe  custody  unless  he  or  they  shall  cuter  into  bond  to  the  person 
making  the  complaint,  with  at  least  one  surety  in  double  the  amount  of  the  penalty 
to  be  recovered,  conditioned  for  his  or  their  appearance  on  the  day  to  which  the 

hearing  shall  be  adjourned,  and  thence  from  day  to  day  until  the  case  is  di-posed  of, 
and  then  to  abide  by  the  judgment  of  the  justice,  district  court £>r  police  magistrate, 
provided  no  appeal  therefrom  be  taken,  and  such  bond,  if  forfeited,  may  be  prose- 
cuted by  the  person  to  whom  it  is  given  in  any  court  of  competent  jurisdiction. 

Disposition  of  fines:  [Sec]  8.  All  moneys  recovered  pursuant  to  the  provi>ions 
of  this  act  shall  be  paid  in  each  case  to  the  person  making  the  complaint,  who  shall 
pay  one-third  thereof  to  the  fish  and  game  protector  for  the  use  of  the  board  of  fish 
and  game  commissioners,  and  one-third  thereof  in  equal  proportions  to  the  persons 
furnishing  the  evidence  necessary  to  secure  a  conviction. 

Appeal:  Sec.  9.  Any  party  to  any  proceeding  instituted  under  this  act  may  appeal 
from  the  judgment  or  sentence  of  the  justice,  district  court  or  police  magistrate,  to 
the  court  of  common  pleas  of  the  county  in  which  the  said  proceedings  take  place; 
provided,  that  the  party  appealing  shall  within  ten  days  after  the  date  of  the  said 
judgment  serve  a  written  notice  of  appeal  upon  the  opposite  party,  pay  the  <• 
such  proceedings,  and  deliver  to  the  justice,  district  court  or  police  magistrate  a  bond 
to  the  opposite  party,  in  double  the  amount  of  the  judgment  appealed  from,  with  at 
least  one  sufficient  surety,  conditioned  to  prosecute  the  said  appeal  and  to  stand  to 
and  abide  by  such  further  order  or  judgment  as  may  hereafter  be  made  against  said 
party. 

Proceedings  on  appeal:  Sec.  10.  [As  amended  by  Laws  of  1905,  chap.  86.] 
Whenever  an  appeal  shall  be  taken  as  aforesaid,  it  shall  be  the  duty  of  the  justice  of 
the  peace,  district  court  or  police  magistrate  to  send  all  papers,  together  with  a  trans- 
script  of  the  proceedings  in  the  case,  to  the  next  term  of  the  court  of  common  pleas 
of  the  said  county,  which  court  shall  hear  and  determine  such  appeal  in  the  same 
way  and  manner  as  said  case  was  heard  and  determined  by  such  justice  of  the  peace, 
district  court  or  police  magistrate. 

Powers:  Fees:  Sec  11.  The  duly  appointed  fish  and  game  protector,  fish  and 
game  wardens,  and  deputy  fish  and  game  wardens  of  this  state  shall  have  the  same 
power  and  be  entitled  to  the  same  fees  for  the  services  of  process  in  cases  instituted 
under  this  act  as  constables  have  and  are  entitled  to  receive  in  the  courts  for  the 
trial  of  small  cause-. 

Witness:  Sec  12.  No  person  shall  be  excused  from  giving  evidence  in  any  action 
or  proceedings  taken  or  had  under  this  act,  on  the  ground  that  such  evidence  might 
tend  to  convict  such  witness,  or  render  him  liable  to  prosecution  under  this  act.  but 
such  evidence  shall  not  be  received  against  such  witness  in  any  such  prosecution. 

Judgment:  [Sec]  14.  Any  judgment  obtained  under  the  provisions  of  this  act 
against  a  corporation  may  be  docketed  in  the  office  of  the  clerk  of  the  circuit  court 
in  and  for  the  county  in  which  such  judgment  shall  be  obtained,  and  like  proceed- 
ings shall  be  had  for  the  collection  of  the  same  as  if  the  said  judgment  had  been  ren- 
dered in  the  said  court. 

Sunday:  [Sec]  15.  Proceedings  under  this  act  may  be  instituted  on  any  day  of 
the  week,  and  the  institution  of  such  proceedings  on  Sunday  shall  be  no  bar  to  the 
successful  prosecution  of  the  same,  and  any  process  served  on  Sunday  shall  be  as 
valid  and  effectual  as  if  served  on  any  other  day  of  the  week. 

Proceedings:  [Sec]  16.  All  proceedings  for  the  recovery  of  penalties  pursuant  to 
the  provisions  of  this  act  shall  be  entitled  and  shall  run  in  the  name  of  the  state  of 
New  Jersey,  with  one  of  the  fish  and  game  wardens  of  the  state,  or  a  deputy  fish  and 
game  warden,  or  a  police  officer,  or  a  constable,  or  a  member  of  any  regularly  incor- 
porated fish  and  game  protective  association,  or  the  fish  and  game  protector  as  prose- 
cutor, and  no  proceedings  shall  be  instituted  by  any  person  not  a  duly  commissioned 


\  I  w     .1  EB81  Y.  211 

iuI  L-aini-  wai'l.n.  "t  a  d.  put \  fish  Mid  game  warden,  01   ■  police offlcei 

an \    incorporated  fish   and    ■: 

h  and  L'aiiM-  protector  of  this  state 
Approval  March  29,  IN 

Arts  of  L909,  chap.  807,  p.  657. 

jure;  Disposition  ;  Nonliabilit y :   Sac.  l     The   fish   and 

commissioners,  tin-  fish  and  game  protector  and  the  fish  and  game  ward< 

thi>  Mate  shall  have  power,  without  warrant,  to  Bearch  and  examine  any  boat,  con- 
veyance, vehicle,  fish-box,  fish-basket,  gam<  game-coat,  or  other  receptacle 
ime  and  fish,  when  they  have  reason  to  believe  tliat  any  of  the  laws  for  the 
tior  of  game  and  fish  have  been  violated;  and  the  Baid  fish  and  game  commis- 
sioners, fish  and  game  protector  and  fish  and  game  wardens  shall,  at  any  time, 
and  take  possession  of  any  and  all   birds,  animals  or  fish,  which   have  been  caught, 
taken  or  killed  at  any  time  in  a  manner  or  for  a  purpose,  or  had  in  possession  or 
under  control,  have  been  shipped  or  are  about  to  be  shipped,  contrary  to  any  of  the 
-  of  the  peace,  district  courts  and  police  magistrates,  upon 
ring  proof  of  probable  cause  for  believing  in  the  concealment  of  any  bird, 
animal  or  fish  caught,  taken,  killed,  had  in  possession,  under  control  or  shipped,  or 
about  to  be  shipped,  contrary  to  law.  shall  issue  a  Bearch  warrant  and  cause  a  search 
made  in  any  place,  and  to  that  end  may,  after  demand,  and  refusal,  cause  any 
building,  enclosurt   <•:•  car  to  he  entered,  and  any  apartment,  chest,  box.  locker,  crate, 
•  or  package  to  be  broken  open  ami  the  contents  thereof  examined  by  said  fish 
and  game  commissioners,  fish  and  game  protector  or  tish  and  game  wardens;  all 
animals  <>r  fish,  or  net  or  fishing  appliance  <>r  apparatus,  seized  by  the  fish  and 
pune  commissioners,  fish  and  game  protector  or  any  of  the  fish  and  game  wardens, 
shall  he  disp  sed  of  in  such  manner  a-  may  he  directed  by  the  justice  of  the  ] 
district  court  or  police  magistrate  before  whom  the  offense  is  tried;  and  such  fish 
and  game  commissioners,  tish  and  game  protector  or  fish  and  game  wardens  shall 
not  he  liable  for  damages  on  account  of  any  such  search  or  the  destruction  of  any  nets 
or  fishing  apparatus  of  any  kind  in  accordance  with  the  provisions  of  this  act 

Pleading's:  Sec.  2.    [No  further  pleadings  than  the  filing  of  complaint  and  is<uim; 
of  warrant  shall  he  necessary  on  the  part  of  the  prosecutor;  said  complaint  shall 
ipecify  the  section  and  the  title  of  the  act  charged  to  have  been  violated,  and  the 
time  and  place  of  \  iolation.] 
Approved  April  '■*.  pm-_>. 

Acts  of  1902,  chap.  263,  p.  780. 

License:  Sec.  1.   [Requires  nonresidents  to  procure  hunting  licenses.     Fee  $10.] 

Production  of  license;  Arrest;    Seizure;    Sale  of  implements:  Sec.  2.   Any 
protector  or  game  warden  shall  have  the  right,  after  demand  and  refusal  or 

failure  to  exhibit  such  certificate,  to  arrest,  \\  ithout  warrant,  any  non-resident  | 

or  persons  found  hunting,  or  whom  -aid  protector  or  warden  shall  have  reasonable 
to  believe  to  have  been  hunting  within  this  state  (and  for  the  purpose  of  this 
any  person  who  shall  refuse  to  state  bis  place  of  residence,  upon  demand  of 

Bach  officer  shall  be  deemed  a  non-resident)  and  to  take  him  or  them  forthwith 
e  any  justice  of  the  peace,  district  court  or  police  magistrate  of  the  county 

where  tin- arrest  is  made  and  to  proceed  against  him  or  them  in  the  manner  pre- 
•1  by  an  act  of  the  legislature  of  this  state.  [Act  of  18i*7]  and  also  to  seise  any 

and  all  gun  or  guns  or  shooting  paraphernalia  in  the  q  of  such  person  or 

-  -  -      .  and  to  hold  the  same  subjected  to  the  payment  of  the  f. 

fines  which  shall  be  imposed  upon  such  person  or  persons,  together  with  the 

-edition;  and  in  case  such  person  or  p  ill   be  convicted  and  shall  fail 

4358— No.  1'*— <>7 15 


212  GAME    COMMISSIONS    AND    WABDENS. 

to  make  payment  of  the  said  penalty  and  costs  within  ten  days  from  the  date  of 
such  conviction,  to  sell  the  same  at  public  auction  and  apply  the  funds  thus  realized 
first  to  the  payment  of  the  said  costs  and  the  balance  thereof,  if  there  be  any,  to  the 
payment  of  the  penalty  imposed;  and  should  any  balance  still  remain  to  pay  the 
same  to  the  owner  of  the  property  so  seized. 

Nonliability:  Sec.  3.  No  game  protector  or  game  warden  shall  be  liable  for  dam- 
ages on  account  of  any  Buch  arrest,  seizure  or  sale  in  accordance  with  the  provisions 
of  this  act 

Approved  April  22,  1902. 

Acts  of  1903,  chap.  246,  p.  526. 

Prima  facie  evidence:  Sec.  8.  [As  amended  by  Laws  of  1904,  chap.  231.]  *  *  * 
and  the  having  in  possession  of  any  such  goose,  duck,  swan,  brant  or  other  water 
wild  fowl  during  the  period  prohibited  in  this  section  [May  1-Sept.  1]  shall,  in 
every  court  and  place,  be  deemed  prima  facie  evidence  that  the  same  are  unlawfully 
in  possession. 

Prima  facie  evidence:  Sec.  16.  [As  amended  by  Laws  of  1906,  chap.  — ]  *  *  * 
and  the  having  in  possession  of  any  such  deer  during  the  times  and  periods  prohib- 
ited in  this  act  [until  Nov.  10,  1909]  shall  be  prima  facie  evidence  in  all  courts  and 
places  of  the  fact  that  they  are  in  possession  unlawfully. 

Approved  April  14,  1903. 

Acts  of  1905,  chap.  87,  p.  184. 

Conviction:  [Sec]  1.  Theconvictiun  in  prosecutions  under  the  act  [1897,  chap.  41] 
to  which  this  is  a  supplement  shall  be  in  the  following  or  similar  form: 

State  of  New  Jersey. 

County  of  . 

Be  it  remembered,  that  on  this  day  of ,  A.  D.  nineteen  hundred  and 

,  at in  said  county, defendant,  was,  by one  of  the 

justices  of  the  peace  in  and  for  said  county  (or  by  the  district  court  or  police  magis- 
trate, as  the  case  may  be),  convicted  of  violating  the section  of  an  act  of  legis- 
lature of  said  state  entitled  "An  act  for  the  protection  of  certain  kinds  of  birds,  game 
and  lish,  to  regulate  their  method  of  capture  and  provide  open  and  close  seasons  for 
such  capture  and  possession  (Revision  of  1903),"  approved  April  fourteenth,  nine- 
teen hundred  and  three  (or  if  violation  be  of  a  supplement  or  amendment,  then  state 

title  of  act  and  date  of  approval),  in  a  summary  proceeding  at  the  suit  of  

■ ,  one  of  the  fish  and  game  wardens  of  said  state,  plaintiff  (or  as  the  case  may 

be),  upon  complaint  made  by ;  and  further,  that  the  witnesses  in  said 

proceeding  who  testified  for  the  plaintiff  were  (name  them),  and  the  witnesses  who 
testified  for  the  defendant  were  (name  them);  whereupon  said  justice  of  the  peace 
(or  district  court  or  police  magistrate,  as  the  case  may  be)  doth  hereby  give  judg- 
ment that  the  plaintiff  recover  of  the  defendant, ,  penalty  and 

costs  of  this  proceeding. 

Said  conviction  shall  be  signed  by  the  justice  of  the  peace,  judge  of  the  district 
court  or  police  magistrate  before  whom  the  conviction  is  had. 
Approved  March  31,  1905. 

NEW    MEXICO. 

Laws  of  1903,  chap.  48,  p.  74. 

Game  warden;  Bond;  Salary:  Sec.  1.  Within  thirty  days  after  the  passage  of 
this  act,  there  shall  be  appointed  by  the  governor  of  the  territory  of  New  Mexico, 
an  officer  t<»  be  known  as  the  game  and  fish  warden  of  the  Territory  of  New  Mexico, 
whose  term  of  office  shall  be  two  years  and  until  his  successor  shall  be  appointed 
and  qualified,  and  whose  duties  shall  be  prescribed  by  this  act.     [Warden  must 


\  l  w     MEXICO       \  I  w     k'ORK. 

.ttli  o<  office  .1:1.1  give  bond  •  I  I,  and  Is  allowed  -.1 

wmiim  payable  as  are  salaries  ol  other  territorial  officers.  | 

Deputies;  Compensation;  Duties);  Poweri  i  ich  game  and  fish  warden 

shall  have  the  |K>wer  to  appoint  deputies  in  each  count)  in  tl  nd  to 

remove  the  same  from  office,  who  shall  be  resident!  of  the  county  for  which  they 

appointed,  and  who  shall  be  specially  charged  with  thedutyof  enforcing  the 

ml  game  lawn  of  the  rerritoi  Mexico  in  their  respective  counties 

such  deputies  shall  receive  in  full  compensation  for  their  one-half  of  ;ill 

fines  imposed  upon  prosecutions  procured  or  instituted  by  them,  and  convictions 
red  thereunder,  for  violation  of  the  game  and  fish  laws  of  this  territory,  and 
each  deputy  bo  appointed  Bhall  qualify  by  filing  with  the  game  and  fish  warden  of 
the  Territory  of  NeM  Mexico,  an  oath  of  office  now  prescribed  bj  law  for  territorial 
officers.  It  shall  be  the  duty  of  the  game,  and  fish  warden  of  the  Territory  of  New 
Mexico  and  of  each  and  every  deputy  within  his  county,  rigidly  and  Btrictly  to  care 
f..r  and  enforce  the  provisions  of  this  and  all  other  laws  of  the  Territory  ol 

0  for  the  protection  of  game  and  fish  of  whatsoever  kind  or  description,  and 
lo  institute  and  cause  the  institution  of  prosecutions  for  any  and  all  violations  of 
such  laws,  and  to  that  end  such  game  and  fish  warden  and  each  and  every  of  his 
deputies  within  their  respective  counties  as  aforesaid,  are  hereby  authorized  and  re- 
quired to  arrest,  or  cause  [to]  be  arrested,  all  violators  of  such  'laws,  and  to  lodge 
accusations  against  them  in  a  court  of  competent  jurisdiction  in  the  premises;  to 
pit  her  evidence  «>n  behalf  of  the  prosecution  of  Buch  offendc  rs,  and  to  do  any  and  all 
things  necessary  to  the  punishment  hereunder  and  under  the  laws  of  the  Territory 
Of  New  Mexico  of  any  violation- of  this  or  any  other  taw  of  said  territory  on  the 
subject  of  fish  and  game  and  the  protection  thereof.  [Warden  or  deputies  liable  to 
punishment  and  removal  from  office  for  failure  to  enforce  the  Law.] 
Approved  March  12,  1903. 

NEW  YORK. 
Laws  of  1901,  chap.  94. 

Commissioner;  Deputy;  Compensation;  Bond:  [Sec.]  1.  The  forest,  fish  and 
game  commission  shall,  except  as  in  this  act  otherwise  provided,  consist  of  a  Bingle 
commissioner  who  shall  have  all  the  powers  and  duties  now  possessed  by  such  com- 
mission <>r  any  member  or  mem  hers  thereof.  He  shall  be  appointed  by  the  governor 
by  and  with  the  advice  and  consent  of  the  senate  within  ten  days  after  the  pa 
of  this  act  The  term  of  office  of  such  commissioner  and  his  successors  in  office  shall 
befouryeare,  and  in  case  of  vacancy  in  the  office,  the  appointment  shall  be  to  till 
the  vacancy.  He  shall  receive  an  annual  salary  of  five  thousand  dollars  and  the 
expenses  necessarily  incurred  hy  him  in  the  discharge  of  his  official  duties.  Said 
Commissioner  shall  after  January  first,  nineteen  hundred  and  three,  appoint  a 
deputy  commissioner  who  shall  receive  an  annual  salary  of  two  thousand  five  hundred 
dVlars  and  the  expenses  necessarily  incurred  by  him  in  the  discharge  of  his  official 
duties.  Duringthe  absence  or  inability  to  act  of  the  commissioner,  the  deputy  com- 
missioner shall  have  and  exercise  all  the  powers  of  the  commissioner.  The  commis- 
r  and  deputy  commissioner  shall  each  execute  and  file  with  the  comptroller  of 
the  state  a  bond  to  the  people  of  the  state  in  the  sum  of  ten  thousand  dollars  with 
sureties  to  be  approved  by  the  comptroller,  conditioned  for  the  faithful  performance 
of  his  duties  and  to  account  for  and  pay  over  pursuant  to  law,  all  moneys  received 
by  him  in  his  office.  The  commissioner  and  deputy  commissioner  shall  take  and 
Subscribe    the   constitutional   oath    of   office.     The   deputy    commissioner   may  he 


["The  other  half  to   he   paid   into  the  county  treasury  for   tin-  school   fund  of  the 
county.] 


214  GAME    COMMISSIONS    AND    WARDENS. 

removed  by  the  commissioner  who  may  in  like  manner  appoint  as  accessor.  The 
terms  of  office  of  the  commissioners  of  forest,  fish  and  game  now  in  office,  shall 
terminate  upon  the  appointment  and  qualification  of  such  commissioner. 

Laws  of  1900,  chap.  20. 
Article  VIII. 

Office;  Secretary;  Superintendent  of  forests;  Clerk:  [Sec]  154.  [Asamended 
by  Laws  of  1906,  chap.  206.]  The  commission  shall  have  an  office  in  the  capitol  at 
Albany,  *  *  *-.  The  commission  may  appoint  a  secretary  and  a  superintendent 
of  forests  and  iix  their  compensation,  *  *  *  and  such  other  clerical  assistants  as 
are  actually  needed. 

Powers;  Duties:  [Sec]  155.  The  commission  shall  have  charge  of  *  *  *  the 
enforcement  of  laws  for  the  protection  of  fish  and  game  and  the  forests  *  *  *  and 
such  other  powers  and  duties  as  are  or  may  he  imposed  upon  them  by  law. 

Report:   [Sec]  163.    [Commission  required  to  report  annually  to  the  legislature.] 

Compilation  of  forest,  fish  and  game  law:  Sec  164.  [Added  by  Laws  of  1907, 
chap.  282.]  As  soon  as  practicable  after  the  adjournment  of  the  legislature  in  each 
year,  the  forest,  fish  and  game  commissioner  shall  make  a  compilation  of  the  forest, 
fish  and  game  law,  as  amended  at  the  date  of  such  compilation,  and  properly  index 
the  same.  Twenty-five  thousand  copies  of  said  compilation  shall  be  printed  in  pam- 
phlet form  of  pocket  size,  under  the  direction  of  the  clerks  of  the  senate  and  assem- 
bly, and  said  clerks  shall  distribute  them  as  follows:  One  hundred  copies  to  each 
senator,  fifty  copies  to  each  assemblyman,  and  the  balance  to  the  forest,  fish  and 
game  commissioner  for  distribution. 

Article  IX. 

Game  protectors:  [Sec]  170.  [Asamended  by  Lawsof  1907,  chap.  519.]  Thecom- 
mission  shall  appoint  75  game  protectors.  One  shall  reside  in  each  of  the  counties  of 
Essex,  Clinton,  Franklin,  Saint  Lawrence,  Jefferson,  Lewis,  Herkimer,  Hamilton, 
Warren,  and  Washington  and  the  next  eight  protectors  shall  be  appointed  from  said 
counties.  The  protectors  and  assistant  protectors  shall  hold  office  during  the  pleasure 
of  the  commissioner  and  the  commissioner  shall  from  time  to  time  designate  from 
the  protectors  a  chief  game  protector  and  a  first,  second  and  third  assistant  game 
protector,  two  oyster  protectors,  an  assistant  oyster  protector  and  a  protector  for 
the  Saint  Lawrence  River.  The  commissioner  shall  also  appoint  some  proper  person 
to  be  a  special  assistant  oyster  protector  who  shall  reside  in  the  borough  of  Man- 
hattan, City  of  New  York  and  shall  have  the  same  powers,  duties  and  functions  as 
the  assistant  oyster  protector  hereinbefore  provided  for.  The  chief  game  protector 
shall  have  general  supervision  and  control  of  all  inspectors. 

Bonds:  [Sec]  171.  [Bond  of  Chief  Game  Protector  $1,000;  other  protectors  $500.] 
Compensation:  [Sec]  172.  [As  amended  by  Laws  of  1906,  chap.  206.]  The 
chief  game  protector  shall  receive  an  annual  salary  of  two  thousand  dollars  a  year 
and  his  actual  and  necessary  traveling  expenses  while  in  the  discharge  of  his  official 
duties,  not  exceeding  one  thousand  dollars  a  year.  Any  chief  game  protector  who 
has  served  as  such  for  upward  of  five  years  may  by  order  of  the  commissioner  receive 
a  salary  of  two  thousand  five  hundred  dollars.  The  iirst  assistant  chief  protectoi 
shall  receive  one  thousand  four  hundred  dollars  a  year  and  during  such  time  as  he 
shall  be  required  by  the  commissioner  to  reside  constantly  in  Albany  he  shall  receive 
an  additional  salary  at  the  rate  of  fifty  dollars  per  month  together  with  his  necessary 
traveling  and  incidental  expenses  while  absent  from  the  city  of  Albany  in  the  dis- 
charge of  his  official  duties.  The  second  and  third  assistant  chief  protectors  shall 
each  receive  twelve  hundred  dollars  a  year  and  their  necessary  traveling  and  inci- 


NI.U      \m|;|\. 

dental  expenses  while  in  the  discharge  of  their  official  duties  not  exceed 
hundred  and  fifty  dollars  a  year.     *    *    *    Other  protectors  including  Ihe  s]  ■ 

-hall  receive  six  hundred  dollars  a  year  and  an  allowance 
penses  not  « -  x « •« •* *.  1  i  i » Lr  four  hundred  and  fifty  dollars  m  yeai      Each  of  said  pro 
rs  shall  receive  one-half  of  the  fines  and  penalties  lesi  the  ex  pen 
Ing  tin*  sum  collectetl  in  actions  brought  upon  information  furnished  by  him. 

Duties;  Powers:  [Sec.]  17."..  [As  amended  by  Laws  of  1905,  chap.  285.]     Game 
shall  enforce  all  laws  relating  to  fish  and  game;  all  law  -  of  boards  of  super- 
-  relating  t<>  the  same;  and  -hall  haw  power  t"  execute  all  warrants  and  search 
warrants  issued  for  a  violation  of  the  forest,  fish  ami  game  law  ;  to  Berve  a  summons 
Issuing  from   justices'  court;  to  Berve  subpoenas  issued  for  the  examination  and 
■  igation  or  trial  of  offenses  against  any  of  Baid  laws;  to  make  Bearch  \\  here  thev 
have  cause  to  l>elieve  that  fish  or  game  is  ed  in  >  iolation  of  law,  and  without 

Bearch  warrant  to  examine  the  contents  of  any  boat,  car,  box,  locker,  basket, 
creel,  crate,  gamebag  or  other  package,  and  the  contents  of  any  building  other  than 
I  dwelling  house,  to  ascertain  whether  any  of  the  provisions  of  this  a«-t  or  of  any 
law  for  the  protection  of  fish,  shellfish,  and  game  have  been  violated,  and  to  use 
such  tore  as  may  be  necessary  for  the  purpose  of  such  examination  and  inspection; 
Bud  with  a  Bearch  warrant  to  Bearch  and  examine  the  contents  of  any  building  or 
dwelling  house;  t  >  arrest  without  warrant  any  person  committing  a  misdemeanor 
under  the  provisions  of  this  act  in  their  presence  and  take  such  person  immediately 
before  a  magistrate  having  jurisdiction  for  trial. 

Record;  Report:  [Sec.]  174.   Each  game  protector  shall  keep  a  daily  record  of  his 

official  acts,  and  at  the  close  <>f  each  month  report  the  same  to  the  chief  game  pro- 

The  salary  and  traveling  expenses  of  a  protector  shall  not  be  payable  except 

upon  the  certificate  of  the  chief  game  protector  that  such  protector  has  made  the 

required  report  and  properly  performed  his  duties. 

Report:  [Sec.]  175.  The  chief  game  protector  shall  make  a  monthly  report  to  the 
commission  of  the  operation  of  his  department  during  the  preceding  month,  and 
shall  report  any  negligence  or  failure  to  perform  duty  on  the  pari  of  any  game  pro- 
lector,  and  shall  make  such  further  reports  as  shall  he  required   hy  the  commission. 

Special  game  protectors:  [Sec.]  17U.  The  commission  may  in  its  discretion 
appoint  a  person  recommended  by  a  majority  of  the  supervisors  of  any  county  or  by 
any  game  club  incorporated  for  the  protection  of  fish  or  game,  as  special  game  pro- 
tector. Such  special  game  protectors  shall  hold  office  during  the  pleasure  of  the 
commission  and  shall  have  the  same  powers  as  game  protectors  except  the  right  to 
search  without  warrant,  but  shall  not  receive  pay  from  the  state.  They  shall  make 
reports  in  the  same  manner  as  game  protectors. 

Monroe  county  protectors:  Secs.  I76a-e.  [Added  by  Laws  of  1905,  chap. 
Four  special  game  protector-  shall  be  appointed  for  Monroe  County,  on  April 
first  of  each  year,  upon  recommendation  of  the  hoard  of  supervisors  of  the  county. 
It  shall  be  the  duty  of  such  special  game  protectors  to  arrest  persons  found  setting, 
being,  or  in  possession  of  unlicensed  nets  or  other  illegal  fishing  devices,  and  to  report 
monthly  to  the  forest  fish  and  game  commission  and  to  the  hoard  of  supervisors 
of  Monroe  County  the  number  of  nets  captured,  and  arrests  made,  together  with 
result  of  trials,  and  statement  of  expenses  and  disbursements.] 

Peace  officers:  [Sec.]  177.  Peace  officers  shall  have  the  same  powers  as  game 
protectors  under  this  act,  except  the  right  of  Bearch  w  ithout  warrant. 

Disposition  of  nets,  etc.:  [Sec.]  178.  [As  amended  hy  Laws  ,,f  1905,  chap. 
(857. ]  Nets,  pounds  or  other  devices  unlawfully  had,  set  or  used  in  or  upon  any  of 
the  waters  or  islands  of  this  State,  for  the  purpose  of  taking  fish  or  game  in  violation 
of  tins  act,  are  hereby  declared  to  be  public  nuisances  and  shall  be  summarily 
destroyed  and  abated  hy  any  game  protector,  or  may  be  by  a  private  person;  pro- 
vided, however,  that  the  forest,  fish  and  game  commissioner  may  direct  a  game 


2 IB  GAME    COMMISSIONS    AND    WARDENS. 

protector  to  retain  certain  uets  or  Beines  for  the  use  of  the  State  fish  hatcheries.     No 
action  for  damages  shall  be  maintained  for  such  seizure,  retention  or  destruction. <* 

A  in  [CLE  X. 

Actions;  Counsel;  Attorney:  [Sec.]  185.  [As  amended  by  Laws  of  1906,  chap. 
199.]  Actions  for  penalties  for  a  violation  of  the  forest,  fish  and  game  provisions  of 
this  act  shall  be  in  the  name  of  the  people  of  the  State  of  New  York;  and  must  be 
brought  on  the  order  of  the  commissioner.  The  forest,  fish  and  game  commissioner 
may  employ  necessary  counsel  in  the  office  of  the  forest,  fish  and  game  commission, 
and  may  likewise  designate  and  appoint  an  attorney  or  attorneys  to  represent  the 
department  in  the  prosecution  or  defense  of  any  action  or  proceeding  brought  under 
the  provisions  of  the  forest,  fish  and  game  law.  They  shall  be  paid  by  the  state 
treasurer  on  the  warrant  of  the  comptroller  such  compensation  as  shall  be  agreed 
upon  by  the  forest,  fish  and  game  commissioner.  Such  actions  may  be  discontinued 
by  order  of  the  court  on  the  application  of  the  commissioner  upon  such  terms  as  the 
court  may  direct.  Such  actions  if  in  justice's  courts,  may  be  brought  in  any  town  of 
the  county  in  which  the  penalty  is  incurred  or  of  the  county  in  which  the  defendant 
resides. 

Recovery:  [Sec]  186.  [As  amended  by  Laws  of  1905,  chap.  285.  Provides  that 
in  successful  actions  for  recovery  of  penalties  the  State  shall  recover  costs,  witness 
fees  and  other  disbursements]. 

Disposition  of  moneys;  Fees:  [Sec]  187.  Moneys  recovered  in  an  action  for  a 
penalty,  or  upon  the  settlement  or  compromise  thereof,  and  fines  for  violations  of 
this  act  shall  be  paid  to  the  commission  who  shall  apply  so  much  thereof  as  may  be 
necessary  to  the  payment  of  the  expenses  of  collection  except  attorney  fees,  and  shall 
on  the  order  of  the  commissioner  pay  one-half  of  the  balance  to  the  game  protector 
or  fire  warden,  upon  whose  information  the  action  was  brought. 

Action  by  private  person  or  society:  [Sec]  188.  [As  amended  by  Laws  of 
1907,  chap.  96.  ]  A  private  person,  on  giving  security  for  costs  to  be  approved  by  a  judge 
of  the  court  in  which  the  action  is  brought  and  any  society  or  corporation  for  the  pro- 
tection of  fish  or  game,  may  recover  in  his  or  its  name  any  penalty  imposed  by  this 
act  for  a  violation  of  the  fish  and  game  provisions  thereof,  and  shall  be  entitled  in 
case  of  collection,  to  one-half  of  the  recovery;  the  balance  shall  be  paid  to  the  com- 
mission. Notice  of  the  commencement  of  such  an  action  shall  be  given  to  the 
commissioner  or  the  chief  game  protector  within  fifteen  days  after  the  service  of  the 
summons  therein,  and  failure  to  give  such  notice  shall  be  a  defense  to  the  action. 
If  after  the  commencement  thereof  an  action  be  brought  for  the  same  penalty  in  the 
name  of  the  people,  an  order  ehall  be  entered  on  the  application  of  the  chief  game 
protector  or  of  a  commissioner  for  the  discontinuance  of  such  action  without  cost  to 
either  party.     Motion  papers  in  such  an  application  shall  be  entitled  in  both  actions. 

Execution:  [Sec]  189.  Judgments  recovered  under  this  act  may  be  enforced  by 
execution  against  the  person.  A  person  imprisoned  upon  such  an  execution  shall 
be  confined  for  not  less  than  one  day,  and  at  the  rate  of  one  day  for  each  dollar 
recovered.  No  person  shall  be  imprisoned  more  than  once  or  for  more  than  six 
months  on  the  same  judgment.  Imprisonment  shall  not  operate  to  satisfy  a  judg 
ment. 

Jurisdiction:  [Sec]  190.  Courts  of  special  sessions  and  police  courts  in  towns 
and  villages,  and  the  several  courts  in  cities  having  jurisdiction  to  try  misdemeanors 
as  provided  by  section  fifty-six  of  the  code  of  criminal  procedure,  shall  in  the  first 
instance  have  exclusive  jurisdiction  of  offenses  committed  under  this  act,  and  the 
jurisdiction  of  said  courts  shall  extend  to  all  such  offenses  committed  in  the  county 
where  the  court  sits.  A  warrant  shall  be  returnable  before  the  magistrate  issuing 
the  same. 


«See  Lawton  v.  Steele  (N.  Y.),  152  U.  S.,  133;  14  S.  C,  499. 


M  u     N  ORK       NORTH    (   m:«»i  .1  M  \.  2  1  < 

reh  w.i!i      ■  .]  101.   Any  justice  of  1 1 » « -  ;  lice  justice,  county 

judge,  judge  of  a  cit)  courl  or  magistrate  having  criminal  jurisdiction,  shall  if  it 
appear  probable  that   Huh  or  game  taken  oi  contrary  to  the  pro 

this  act,  is  concealed,  issue  a  search  warrant   for  the  discover)  thereol  ig  to 

the  practise  provide*!  in  section  (7  inclusive  of  the  code  of  criminal  procedure. 

Incriminating  evidence:  >k.  193.   |  \>  amended  bj  Laws  of  1903,  chap.  353.] 

shall  i'«-  excused  from  testifying  in  an)  civil  or  criminal  action  or  proceed- 

iken  or  luul  under  this  act  upon  the  ground  that  his  testimony  might  tend  to 

convict  him  of  a  crime.     But  no  evidence  derived  fr th<-  examination  of  such  p«-r- 

son  shall  be  recei veil  against  him  upon  a  criminal  prosecution.  A  person  called  for 
the  people  and  bo  testif)  ing  shall  not  thereafter  be  liable  to  indictment  "i  conviction 
lor  the  violation  or  violations  <>i"  this  act  respecting  which  he  has  so  testified,  and 
may  plead  or  prove  the  giving  of  such  testimony  in  bar  of  such  an  indictment  or  con- 
viction. 

Prima  facie  evidence:  Sec,  \.  [As  amended  by  Laws  of  1906,  chap.  478.]  Wild 
deer  or  venison  shall  not  be  possessed  or  sold  from  November  25  to  September  30 
both  inclusive.  Possession  thereof  from  midnight  of  the  fifteenth  to  the  twenty- 
fourth  of  November  shall*  be  presumptive  evidence  thai  the  same  was  unlawfully 
taken  by  the  possessor. 

Prima  facie  evidence;  Killing  dog's:  Sec.  9.  [As  amended  by  Laws  of  1901, 
chap.  545.  Prohibits  hounding  deer.]  If  any  Buch  dog  or  hitch  be  found  hunting, 
pursuing  or  killing  deer  or  running  at  large  in  forests  inhabited  by  deer,  it  shall  be 
presumptive  evidence  of  a  violation  of  this  section  by  the  person  owning,  using, 
having  or  harboring  such  dog  or  bitch.  Any  person  may,  and  it  is  the  duty  of  every 
game  protector  to  kill  a  dog  or  bitch  found  in  the  Adirondack  park  or  in  a  deer  forest, 
or  pursuing  deer  and  no  action  for  damage  shall  be  maintained  against  ;i  person  for 
such  killing. 

Destroying-  nets,  etc.:  [Sec]  35.  [Prohibits trapping,  netting,  or  snaring  birds.] 
Any  such  net,  trap  or  snare  is  declared  to  be  a  public  nuisance,  and  may  be  summa- 
rily abated  and  destroyed  by  any  person  and  it  is  the  duty  of  every  protector  to  seize 
and  destroy  any  such  device. 

NORTH  CAROLINA. 

Revisal  of  1905,  chap.  40,  p.  564. 

Incorporation  of  Audubon  Society:  [Sec.]  1862.  J.  Y.Joyner,  T.Gilbert  Pearson. 
K.  H.Lewis,  A.  II.  Boyden,H.H.Brimley,  P.  D.Gold,  Jr.,  J.  F.Jordanand  Ii.  N.  Wil- 
Bon  are  hereby  created  a  body  politic  and  corporate  under  the  name  and  style  of  the 
Audubon  Society  of  North  ( larolina,  and  by  that  name  and  style  they  and  theii 
dates  and  successors  shall  have  perpetual  succession,  with  power  to  take  and  hold, 
either  by  gift,  grant,  purchase,  devise,  bequest  or  otherwise,  any  real  or  personal 
estate,  not  exceeding  fifty  thousand  dollars  in  value,  for  the  general  use  and  advance- 
ment of  the  purposes  of  the  said  corporation,  or  for  any  special  purpose,  consistent 
with  the  charter:  and  such  property  shall  be  exempt  from  taxation:  to  make  rules 
and  by-la W8;  to  have  and  to  nee  a  common  seal,  and  to  change  the  same  at  pleasure; 
and  to  do  and  perform  all  such  acts  and  things  as  are  or  may  become  necessary  for 
the  advancement  and  furtherance  of  the  corporation. 

Officers:  [Sec.]  1863.  The  officers  of  said  corporation  shall  be  a  president,  vice- 
president,  secretary  and  treasurer,  and  such  other  officers  as  may  be  fixed  by  the 
by-laws. 

Objects:  [Sec]  1864.  The  objects  for  which  the  corporation  is  formed  are  to  pro- 
mote among  the  citizens  of  North  Carolina  a  better  appreciation  of  the  value  of  song 
and  insectivorous  birds  to  man  and  the  state;  to  encourage  parents  and  teachers  to 
give  instruction  to  children  on  the  Bubject;  to  stimulate  public  sentiment  against  the 


218  GAME    COMMISSIONS    AND    WARDENS. 

destruction  of  wild  birds  and  their  eggs;  to  secure  the  enactment  and  enforcement 
of  proper  and  necessary  laws  for  the  protection  and  preservation  of  birds  and  game 
of  the  state:  to  provide  for  the  naming  of  special  officers  and  investing  them  with 
necessary  power,  who  shall  work  under  the  direction  and  control  of  the  Audubon 
Society  of  North  Carolina,  looking  to  the  rigid  enforcement  of  the  game  and  bird 
protective  laws  of  the  state;  to  distribute  literature  bearing  on  these  topics  among 
the  members  of  the  society  and  other  persons,  and  to  raise  and  provide  funds  for 
defraying  the  necessary  expenses  of  the  society  in  the  accomplishment  of  the  pur> 
pos.-  herein  named. 

Treasurer;  Wardens:  [Sec]  1867.  The  Governor,  upon  the  recommendation  of 
the  Audubon  Society  of  North  Carolina,  shall,  from  time  to  time  appoint  bird  and 
game  wardens,  and  the  treasurer  of  the  society,  whose  terms  of  office,  unless  other- 
wise provided  for,  shall  be  during  good  behavior  or  until  their  successors  are 
appointed.  The  governor  shall  issue  to  the  treasurer  of  the  Audubon  Society,  and 
to  each  person  appointed  as  warden,  a  commission,  and  shall  transmit  such  commis- 
sion to  the  clerk's  office  of  the  superior  court  for  the  county  from  which  the  pros- 
pective treasurer  or  bird  and  game  warden  is  appointed;  and  no  tax  or  fee  shall  be 
charged  or  collected  for  said  commission.  Any  of  the  said  wardens  may  be  removed 
by  the  governor  upon  proof  satisfactory  to  him  that  they  are  not  fat  persons  for  said 
position.  The  compensation  of  said  wardens  shall  be  fixed  and  paid  by  the  said 
society. 

Oath;  Bond;  Badge:  [Sec]  1868.  Every  person  appointed  as  warden  shall,  before 
entering  upon  the  duties  of  his  office,  take  and  subscribe  before  the  clerks  of  the 
superior  courts  of  the  county  in  which  he  resides  an  oath  to  perform  the  duties  of 
said  office,  together  with  the  other  oaths  prescribed  for  police  officers,  and  execute 
a  bond  in  the  sum  of  one  hundred  dollars  for  the  faithful  discharge  of  his  duties,  and 
the  said  oath  and  bond  shall  be  recorded  by  the  clerk  in  his  office,  and  the  wardens 
so  qualified  shall  possess  and  exercise  all  the  powers  and  authority  held  and  exercised 
by  the  constable  at  common  law  and  under  statutes  of  this  state.  The  clerk  shall 
not  charge  more  than  fifty  cents  for  taking  and  recording  said  oath.  The  bird  and 
game  wardens,  when  acting  in  their  official  capacity,  shall  wear  in  plain  view  a 
metallic  shield  with  the  words  "Bird  and  Game  Warden"  inscribed  thereon. 

Search;  Prosecution;  Enforcement:  [Sec]  1869.  Duly  appointed  and  qualified 
game  and  bird  wardens  shall,  upon  making  an  affidavit  before  a  justice  of  the  peace  or 
any  court  of  the  state  that  there  exists  reasonable  grounds  to  believe  that  any  game  or 
birds  are  in  the  possession  of  any  common  carrier  in  violation  of  the  law,  be  entitled 
to  a  search  warrant  and  to  open,  enter  and  examine  all  cars,  warehouses  and  recep- 
tacles of  common  carriers  in  the  state,  where  they  have  reason  to  "believe  any  game 
or  birds  that  have  been  taken  or  are  held  in  violation  of  the  law  are  to  be  found, 
and  to  seize  such  game  or  birds.  It  shall  be  the  duty  of  said  game  and  bird  wardens 
to  prosecute  all  persons  or  corporations  having  in  their  possession  any  bird  or  game 
contrary  to  the  bird  and  game  laws  of  this  state.  It  shall  be  their  duty  to  see  that 
the  bird  and  game  laws  are  enforced  and  to  obtain  information  as  to  all  violation  of 
said  bird  and  game  laws:  Provided,  that  in  Currituck  county  it  shall  be  the  duty  of 
said  wardens  to  also  see  to  the  enforcement  of  all  laws  relating  to  fishing  in  said 
county. 

Contraband  game;  Disposition:  [Sec]  1870.  Any  bird  or  animal  caught,  taken, 
killed,  shipped,  or  received  for  shipment,  had  in  possession  or  under  control  by  any 
person  or  corporation  contrary  to  the  provisions  of  law,  which  may  come  into  the 
possession  of  the  bird  and  game  warden,  shall  be  sold  at  auction,  and  the  bird  and 
game  warden  disposing  of  the  same  shall  issue  a  certificate  to  the  purchaser  certify- 
ing that  the  said  birds  or  animals  were  legally  obtained  and  possessed,  and  any  one 
so  acquiring  said  birds  or  animals  can  have  the  right  _to  use  them  as  if  the  same  had 
been  sold,  killed  or  possessed  in  accordance  with  the  law.     The  money  received 


NORTH    <   \i;<>l  I  \  \       NORTH    DAKOTA.  *_'  1  9 

from  tin-  wile  of  such  <"uti~i  .it «-.  1  h  •  ne  shall  I"-  forwarded  b\  the 

«lt-ii  to  the  treasurer  of  the  state  and  be  placed  t.>  the  account  ol  the  Bird  and  • 
Knij'l. 
Bird  and  game  fund:  [8ac.]  1871.  The  hinds  received  b)  tli<-  ti  I  the 

from  the  license*  tax  on  nonresident   hunters  shall  constitute  a  fund  knot 
the  Bird  and  (Jaine  Fund,  which  fund  shall  be  paid  out  by  the  ti 
bo  the  order  of  the  treasurer  of  ili<-  Audubon  Society  of  North  Carolina,  who  shall 
•    an  annual   report   to  the  fjovernor  of  the  receipts  and  expenditures  of  the 
for  the  y< 

Reviaalof  1905.  chap.  81,  p.1026. 

Exemption  of  witneaaea:  [Sbc.]  3462.  When  more  persons  than  one 

i  '1  in  committing  the  offense  of  fire-hunting,  anyone  may  be  compelled  to 

evidence  against   all   others  concerned;   and  the  witness,  upon   giving  Buch 

information,  shall  be  acquitted  and  held  discharged  from  all  penalties  and  pains  to 

which  he  was  subject  by  his  participation  in  the  offense.      This  section  shall   not 

apply  to  Currituck  county. 

Separate  offense:   [Sec.]  3469.  *    *     Kadi    day's    hunting  without  license 

■hall  be  a  separate  offense. 

Prima  facie  evidence:   [Sbc.]  .5471.     *    *  The  reception  by  any  person  or 

corporation  within  the  state*  of  any  such  I 'in  Is  or  game  [captured  within  the  state]  for 
shipment  to  a  point   beyond   tin- limits  of  this  state,  shall   he  prima  facie  evidence 
that  said  birds  or  garne-were  killed  within  the  state  for  the  purpose  of  conveying 
beyond  its  limits;  but  the  provisions  of  this  section  shall  not  apply  to  the  com- 
mon carriers  into  whose  possession  any  of  the  birds  mentioned  in  thi<  section  shall 
in  the  regular  course  of  their  business  for  transportation   while  they  are  in 
•  through  the  state  from  any  place  without  the  state. 

NORTH  DAKOTA. 

Revised  Codes  of  1899;  Political  Code,  art.  11,  p.  462. 

Districts;  Wardens;  Bond;  Deputies:  Sbc.  1642  [As  amended  by  Law-  of 
chap.  103.]  This  state  shall  be  divided  into  two  game  districts.  [District  No.  I, 
comprises  approximately  that  part  of  the  state  north  of  the  12th  standard  parallel. 
District  No.  2,  that  part  south  of  the  parallel.]  There  shall  be  appointed  by  the 
governor  in  each  of  said  game  districts  a  game  warden,  who  shall  be  known  a<  the 
district  game  warden,  and  whose  term  of  office  shall  be  two  years,  commencing  on 
the  first  Tuesday  in  April  next  succeeding  his  appointment  and  until  his  sua 

ointed  and  qualified,     lie  shall  give  a  bond  to  be  approved  by  the  governor, 
in  the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful  performance  of  his 
duties.     It  is  the  duty  of  the  district  game  wardens  to  superintend  and  aid  in  the 
enforcement  of  all  laws  of  this  state  for  the  preservation  of  game  therein.     The  dis- 
trict game  wardens  shall  appoint  deputy  game  warden-  in  the  counties  of  their 
live  districts  as  follow-:    In  each  county  having  less  than  thn-e  thousand 
inhabitants,  one  deputy;  in  each  county  having  more  than  three  thousand  inhabit- 
tntsand  not  less  than  seven  thousand  inhabitants,  two  deputies;  in  every  other 
ty  three  deputies,  and  special  deputies  wherever  and  whenever  they  deem  it 
ad  visa  hie.     Every  deputy  shall  be  an  elector  of  the  county  for  which  he  is  appointed, 
and  shall  hold  office  at  the  pleasure  of  the  district  game  warden,  or  until  disqualified 
for  any  reason. 
Production  of  license:     Sec.  1643.     [  License  to  hunt  Bubject  t<  i  inspects  in  i  if  any 

-   ti  on  demand.] 
Disposition  of  license  fees:  Sbc.   1646.     [As  amended  by  Laws  of  L903,  chap. 
103.]     Twenty  per  cent  of  all  money  received  from  the  sale  of  permits  [to  limit]  shall 


220  GAME    COMMISSIONS    AND    WAKDENS. 

be  paid  over  to  the  Btate  treasurer  by  the  county  auditor  of  each  county  on  the  first 
day  of  December  of  each  year,  and  Bhall  be  placed  in  the  state  general  fund.  Thirty 
percent  shall  at  the  same  time  be  paid  over  to  the  district  game  warden  by  this 

county  auditor  of  each  county  within  his  district,  and  shall  be  in  full  payment  for 
his  services.  Forty  per  cent  shall  at  the  same  time  be  paid  over  to  the  deputy  game 
warden  of  the  county,  or  when  there  is  more  than  one.  be  divided  equally  between 
them,  and  shall  be  in  full  payment  for  their  services,  and  the  remaining  ten  per 
cent  shall  be  retained  by  the  county  auditor  for  his  personal  services.  And  the 
county  auditor  of  every  county  shall  at  the  same  time  tile  with  the  state  auditor  a 
full  report  of  all  resident  and  non-resident  permits  issued  by  him  during  that  year. 

Powers;  Duties;  Arrest;  Fees:  Sec.  1647.  [As  amended  by  Lawsof  1903,  chap. 
103.]  For  the  purpose  of  enforcing  the  laws  of  this  state  for  the  protection  of  game, 
the  district  game  wardens  and  their  deputies  shall  have  all  the  powers  conferred  by 
law  upon  constables.  It  shall  be  the  duty  of  each  deputy  game  warden  diligently  to 
inform  himself  of  all  violation  of  such  laws  and  to  prosecute  the  same,  and  to  arrest 
the  party  so  violating  them  with  a  warrant  sworn  out  before  any  justice  of  the  peace 
of  the  county  in  which  the  offense  is  committed,  said  warrant  to  be  issued  as  pro- 
vided in  section  7891  of  the  revised  codes.  If  caught  in  the  violation  thereof  at  the 
time  of  his  arrest,  a  party  may  be  arrested  therefor  without  a  warrant,  when  he  shall 
be  at  once  taken  before  a  court  having  jurisdiction  of  the  offeme,  and  a  warrant 
issued,  when  the  same  proceedings  shall  thereafter  be  had  as  if  a  warrant  had  been 
issued  before  his  arrest,  but  no  person  shall  be  arrested  without  a  warrant  for  any 
such  violation  when  not  engaged  in  such  violation  at  the  time  of  his  arrest.  Upon 
any  conviction  had  lor  any  violation  of  the  provisions  of  this  act,  there  shall  be  paid 
to  the  deputy  making  the  arrest  such  fees  as  are  allowed  constables  for  services  in 
like  cases,  to  be  taxed  and  collected  as  a  part  of  the  costs  in  the  case. 

Penal  Code,  chap.  72,  p.  1533. 

Seizure;  Search:  Sec.  7683a.  [As  amended  by  Lawsof  1903,  chap.  103.]  It  shall 
be  the  duty  of  district  game  wardens  and  their  deputies,  and  all  peace  officers  of  this 
state,  at  any  and  all  times  to  seize  and  take  possession  of  any  and  all  animals  or  birds 
which  have  been  caught,  taken,  killed,  shipped  or  received  for  shipment,  had  in 
possession  or  under  control  contrary  to  the  provisions  of  the  laws  of  this  state.  Such 
seizure  may  be  made  without  a  warrant.  Any  court  having  jurisdiction  of  the  offense 
upon  receiving  by  oath  or  affirmation  [proof]  of  probable  cause  for  belief  in  conceal- 
ment of  any  birds  or  animals  caught,  taken,  killed,  shipped  or  received  for  shipment, 
had  in  possession  or  under  control  contrary  to  the  provisions  of  the  laws  of  the  state, 
shall  issue  a  search  warrant  and  cause  a  search  to  be  made  therefor  in  any  place 
particularly  described  in  said  warrant,  and  to  that  end  may  cause  any  building, 
inclosure  or  car  to  be  entered  and  any  apartment,  chest,  box,  locker,  crate,  basket 
or  package  to  be  broken  open  and  the  contents  thereof  examined.  Deputy  game 
wardens  and  all  peace  officers  taking  or  seizing  any  such  animals  or  birds  shall  at 
once  report  the  facts  attending  the  same  to  the  district  game  warden,  and  shall 
at  his  request  turn  the  same  over  to  him.  After  such  taking  such  animals  or  birds 
shall  be  subject  to  the  direction  and  control  of  the  district  game  warden  and  shall 
be  considered  in  his  possession. 

Contraband  game;  Disposition:  Sec  7683b.  [As  amended  by  Laws  of  1903, 
chap.  103.]  Any  animals  or  birds  caught,  taken,  killed,  shipped  or  received  for  ship- 
ment, had  in  possession  or  under  control  contrary  to  the  provisions  of  the  laws  of  this 
state,  which  may  come  into  the  possession  of  the  district  game  warden,  either  directly 
or  through  any  deputy  or  peace  officer,  shall  be  sold  or  disposed  of  within  this 
state,  and  the  district  game  warden  may  issue  a  certificate  to  the  person  purchasing, 
certifying  that  the  same  were  legally  obtained  and  possessed,  andanyoneso  acquiring 


NORTH   DAKOTA      OHIO.  221 

within  thi~  i«tati»  shall  I ia \ «•  tin-  right  to  deal  therewith  ax  il  the  lame  had 
killed  or  in  accordance  with  the  lawi  "t'  this  itate.     The  deputj 

warden  or  peace  ottieer  making  -1 1« •  1 1  seizure  shall  be  entitled  t<.  two-thirdi  of  the 
ivds  of  tin-  salr  of  an\  of  the  animalH  or  birds  sold  or  < I i-j •«.-»•. |  of  ;(~  herein 

and  the  district  -jam.-  warden  shall  In    entitled  to  one-third  of  the  pn 
■  h  sali'. 

B  siatance  to  officers  Whoever  shall  obstruct  any  of  said 

threat  or  otherwise,  in  the  discharge  of  their  duties  under  this  chapter, 
shall  he  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  punished  by 
a  fine  of  not  less  than  twent)  dollars  nor  more  than  fifty  dollars  and  the  costs  of  pros 
ecution,  or  by  imprisonment  in  the  county  jail  not  less  than  ten  days  nor  more  than 
thirty  days,  or  by  both  such  tine  and  imprisonment 

Propagation:  S  The  commissioners  of  any  county  may  expend  nol  to 

exceed  the  sum  of  one  hundred  dollars  per  annum  for  the  purpose  of  propagating 
game  or  fish,  when  it  shall  appear  to  them  that  rach  an  expenditure  would  be  bene- 
ficial to  the  county. 

Indians:  -  -:f.   [As  amended  by  Laws  of  1903,  chap.  103.]   It  shall  be  unlaw- 

ful for  any  Indian  who  is  a  ward  of  the  United  Stat*-.-  government  to  hunl  on  any 
lands  within  this  state  at  anytime,  except  upon  such  lands  as  arc  known  to  be 
Indian  reservation  lands.  It  shall  be  the  duty  of  the  district  game  wardens,  their 
deputies  and  all  peace  officers  of  this  state,  to  arrest  any  Indian  found  hunting  in 
violation  of  this  act.  It  shall  be  the  duty  of  the  state's  attorney  in  any  county 
within  this  state  t<  i  prosecute  any  Indian  BO  arrested  under  the  provisions  of  this  act, 
and  upon  conviction  such  Indian  shall  be  deemed  guilty  of  a  misdemeanor  and  be 
punishable  by  a  fine  of  nol  less  than  twenty  dollars  nor  more  than  fifty  dollars,  or 
may  be  imprisoned  in  the  county  jail  not  less  than  ten  days  nor  more  than  thirty 
iiays,  or  may  be  subjected  to  both  such  fine  and  imprisonment;  provided,  that  the 
provision  of  this  section  shall  not  apply  to  any  Indian  who  takes  out  a  permit  to 
hunt,  as  provided  for  other  persons. 

OHIO. 

Laws  of  1904,  p.  463. 

Game  commissioners:  Sec.  1.  That  the  governor,  by  and  with  the  advice  and 
con-rut  of  the  senate,  shall  appoint  five  commissioners  of  fish  and  game,  of  whom 
not  more  than  three  shall  belong  to  anyone  political  party,  one  commissioner  to 
ser\e  for  one  year,  one  for  two  years,  one  for  three  year.-,  one  for  four  years,  and  one 
for  five  years,  and  at  the  expiration  of  the  term  of  office  of  each  member  of  the  com- 
mission his  successor  shal  1  be  appointed  for  five  years,  who  shall  severally  hold  their 
pffice  for  five  years,  any  one  of  whom  may  be  removed  by  the  governor  at  his 
pleasure;  provided  that  the  commissioners  of  fish  and  game  serving  as  such  at  the 
date  of  the  passage  of  this  act  Bhall  serve  out  their  respective  terms  unless  sooner 
■amoved  by  the  governor. 

Bond:  Sec.  2.  [Each  commissioner  required  to  give  a  bond  of  $2,000  for  faithful 
performance  of  duties.] 

Expenses:  Sec.  3.  The  commissioners  shall  serve  without  compensation,  hut  they 
shall  be  entitled  to  be  paid  all  their  expenses  while  engaged  in  the  discharge  of  their 
duties,  which  expenses  shall  be  paid  to  them  on  their  own  certificates,  severally. 

Powers;  Duties:  Sec.  4.  The  commissioners  of  fish  and  game  shall  be,  and  are 
hereby  vested  with  complete  control  and  authority  in  all  matters  pertaining  to  the 
protection,  preservation  and  propagation  <<i  song  and  insectivorous  birds,  game  birds, 
game  animals  and  fish  within  the  State  and  in  and  upon  the  waters  thereof.  It  ghall 
be  the  duty  of  the  commissioners  to  enforce,  by  proper  legal  action  and  proceeding, 
the  laws  of  the  state  relating  to  the  protection,  preservation  and  propagation  of  song 


222  GAME    COMMISSIONS    AND    WARDENS. 

and  insectivorous  birds,  game  birds,  game  animals  and  fish,  and  to  carry  into  effect 
all  such  measures  in  this  behalf  that  they  deem  necessary  so  far  as  means  are  placed 
at  their  disposal  for  these  purposes. 

Chief  warden;  Deputy  and  special  wardens;  Bond;  Compensation:  Sec.  5. 
The  commissioners  shall,  at  their  annual  meeting  in  January,  or  at  such  time  as  they 
deem  proper,  appoint  a  chief  warden  who  shall  hold  his  office  for  two  years,  unless 
Booner  removed  by  the  commissioners.  They  may  also  appoint  such  number  of 
deputy  state  wardens  as  in  their  judgment  are  necessary.  They  may  also  appoint 
special  wardens,  when  in  their  judgment  they  deem  it  necessary,  who  shall  hold 
their  office  for  such  time  as  the  commissioners  may  direct,  and  who  shall  possess  the 
same  powers  and  perform  the  same  duties  as  deputy  state  wardens,  and  they  may 
receive  such  compensation  for  their  services  as  the  commissioners  deem  proper.  The 
deputy  state  wardens  shall  hold  their  offices  for  two  years  unless  sooner  removed  by 
the  commissioners.  The  chief  warden,  special  wardens  and  deputy  state  wardens 
shall,  before  entering  upon  the  discharge  of  their  duties,  each  give  a  bond  to  the  State 
of  Ohio  (the  chief  warden  in  the  sum  of  two  thousand  dollars,  the  special  wardens 
five  hundred  dollars,  and  the  deputy  state  wardens  in  the  sum  of  two  hundred  dol- 
lars), conditioned  upon  the  faithful  discharge  of  their  respective  duties,  which  bonds 
shall  be  approved  by  and  be  deposited  with  the  commissioners.  The  commissioners 
may  allow  the  chief  warden  a  salary  not  to  exceed  fifteen  hundred  dollars  per  annum, 
and,  in  addition,  his  expenses  (not  exceeding  one  thousand  dollars)  incurred  in  the 
discharge  of  his  duties.  The  salary  and  expenses  of  the  chief  warden,  and  the  salaries 
and  expenses  of  the  special  wardens,  shall  be  paid  out  of  the  fund  appropriated  for 
the  use  of  the  commissioners.  In  addition  to  any  other  compensation,  each  warden 
shall  be  entitled  to  any  fees  which  he  may  earn,  which  fees  shall  be  the  same  as  are 
paid  sheriffs  for  similar  services  in  criminal  cases.  The  commissioners  may  also 
direct  that  any  fines  collected  under  prosecutions  begun  by  any  deputy  state  warden 
shall  be  paid  to  such  warden  by  the  officer  before  whom  the  prosecution  is  had,  or 
by  whom  the  fine  is  collected;  and,  in  addition  thereto,  may  pay  them  such  further 
compensation,  out  of  any  moneys  appropriated  for  such  purposes,  as  they  may  deem 
proper. 

Powers;  Duties;  Peace  officers;  Prosecuting  attorney:  Sec.  (5.  It  shall  lie 
the  duty  of  the  chief  warden,  special  wardens,  and  deputy  state  wardens  to  enforce 
the  provisions  of  this  act,  and  within  this  state,  all  laws  relating  to  the  protection, 
preservation  and  propagation  of  birds,  fish  and  game.  The  chief  warden  shall, 
under  the  direction  of  the  commissioners,  visit  all  parts  of  the  state  and  direct  and 
assist  the  special  wardens  and  deputy  state  wardens  in  the  discharge  of  their  duties. 
Each  warden  shall  have  full  power  to  execute  and  serve  all  warrants  and  process  of 
law  issued  for,  in  connection  with,  or  growing  out  of  the  enforcement  of  any  law 
relating  to  the  protection,  preservation  or  propagation  of  birds,  fish  and  game,  in  the 
same  manner  and  to  a  like  extent,  that  any  sheriff  or  constable  may  serve  and  exe- 
cute such  process;  they  may  arrest  on  sight  and  without  a  warrant,  any  person 
detected  by  them  in  the  act  of  violating  any  such  laws;  they  shall  have  the  same 
right  as  sheriffs  to  require  aid  in  executing  any  process,  or  in  arresting  without  proc- 
ess any  person  found  by  them  in  the  act  of  violating  any  of  said  laws;  and  they 
shall  have  authority  to  seize  without  process,  any  birds,  fish  or  game  then  found  in 
the  possession  of  any  such  person,  which  is  so  in  possession  contrary  to  law, 
together  with  the  guns,  nets,  seins,  boats,  traps,  or  other  devices  with  which  the 
same  were  taken  or  killed,  or  used  in  taking  or  killing,  and  forthwith  convey  such 
offender  beforea  court  or  magistrate  having  jurisdiction  of  the  offense,  who  shall,  upon 
the  tiling  by  the  warden  of  a  proper  complaint,  proceed  speedily  to  try  and  determine 
the  truth  of  the  charge.  Such  arrest  may  be  made  on  Sunday,  in  which  case  the 
offender  shall  be  taken  before  such  court  or  magistrate  who  may  require  bond  for  his 
appearance  at  the  time  fixed  for  the  hearing  of  the  complaint,  which  complaint  shall 


OHIO. 

!„•  heard  .  i    practicable  on  b  week  tla)  following  the  arrest.     I 

offender  fails  to  ^ive  I  >.  >u.  1  for  his  Appearance    if  any  l>"ii<l  be  required)  the  court 
in. i\  order  him  committed  to  the  jail  of  the  count  >rae  other  suitable  place 

until  the  time  set  for  the  hearing  of  th.-  complaint.     Buch  prison  >nera  shall 

I  by  the  jailor  <>r  officer  in  charge  of  the  place  designated  by  the  court 
or  magistrate.  It  shall  \k>  the  duty  of  all  sheriffs,  deput)  sheriffs,  constables  and 
other  police  officers,  to  enforce  .ill  laws  relating  to  the  protection  and  propagation  of 
fish  and  game,  and  in  their  enforcement  they  shall  have  the  same  powei 
nferred  upon  the  warden,  and  they  shall  be  entitled  to  like  fees  for  similar 
services.  Prosecution  by  the  wardens,  or  other  police  officers  for  offenses  not 
committed  in  their  presence,  shall  be  executed  [instituted]  only  upon  the  appi 
of  tlif  prosecuting  attorney  of  the  county  in  which  the  offense  ia  committed,  or 
under  the  direction  of  the  attorney  general;  and  for  his  services  the  prosecuting 
attorney  shall  receive  twenty  percent,  of  all  fines  assessed  and  collected  upon  prose- 
cutions conducted  by  him. 

Beisure  of  puis,  etc.;  Lien;  Replevin:  Bec.  7.  Any  gun,  net,  seine,  boat,  trap 
or  other  device  whatever  used  in  the  unlawful  taking,  catching,  or  killing  of  birds, 
Bah  or  game,  is  hereby  declared  to  be  a  public  nuisance  and  shall,  upon  lawful  seiz- 
ure by  any  warden  or  police  officer,  be  deemed  forfeited  t  i  the  state:  and  it  shall  be 
the  duty  of  every  warden  or  other  police  officer,  to  seize  any  such  property  and  insti- 
tute proceedings  for  its  forfeiture,  as  provided  in  section  eight  of  this  act.  When 
any  Buch  gun,  net,  -cine,  boat,  trap  or  other  device  is  seized  and  condemned,  as  pro- 
vided in  the  next  succeeding  section  hereof,  the  cost  of  such  proceeding  shall  be 
adjudged  against  the  owner  or  the  user  thereof  at  the  time  of  the  seizure,  if  known, 
which  judgment  shall  be  the  first  lien  upon  his  property,  and  against  which  lien  no 
exemption  can  be  claimed.  When  a  seizure  of  any  such  property  has  been  made  no 
writ  of  replevin  shall  lie  to  take  it  from  the  custody  of  the  officer  Beizing  it,  or  from 
the  custody  or  jurisdiction  of  the  court  before  whom  such  proceeding  is  pending,  but 
such  property  shall  be  held  by  such  officer  or  court  to  await  the  final  determination 
!i  proceeding;  and  such  proceeding  shall  in  no  wise  affect  or  bar  a  criminal 
:ution  of  the  person  so  using  such  property  in  violation  of  law. 
Forfeiture  proceeding's;  Sales:  Bec.  8.  When  any  gun,  net,  seine,  boat,  trap 
or  other  device  is  seized  as  provided  in  section  seven  of  this  act,  it  shall  be  the  duty 
of  the  warden  or  other  officer  Beizing  it,  to  safely  keep  such  property  in  his  p 
sioii.  or  under  his  control,  and  to  institute,  within  three  days,  in  the  proper  court  of 
unty  wherein  such  property  is  seized,  proceedings  for  its  condemnation  and 
forfeiture.  Such  proceedings  shall  be  instituted  by  the  filing  of  an  affidavit,  describ- 
ing the  property  seized.  Betting  out  the  unlawful  use  to  which  it  was  found  put,  giv- 
ing the  time  and  place  of  seizure,  and  setting  out,  if  known,  the  name  of  the  p 
Owning,  or  using  the  same,  at  the  time  of  seizure,  and  if  such  person  be  unknown, 
such  fact  shall  be  stated.  The  court  before  whom  such  affidavit  is  filed  shall  there- 
upon issue  a  summons  setting  out  the  facts  alleged  in  the  affidavit,  and  Btatingthe 
time  and  place  when  the  cause  will  be  for  hearing,  a  copy  of  which  summons  shall 
be  served  upon  the  owner,  or  person  using  the  property  at  the  time  of  [its]  seizure 
I  if  he  be  known  |  personally,  or  by  leaving  a  copy  thereof  at  bis  usual  place  of  resi- 
dence, or  business,  if  in  the  county,  at  least  three  days  before  the  hearing  of  the  com- 
plaint. If  such  owner  or  user  be  unknown,  or  if  he  be  a  non-resident  of  the  county, 
or  can  not  be  found  therein,  a  copy  of  the  summons  shall  be  posted  up  at  a  suitable 
place  nearest  the  place  of  seizure,  and  copy  mailed  him  |  if  his  address  be  known  at 
least  three  days  before  the  time  set  for  the  hearing  of  the  complaint.  The  officer 
making  such  service  shall  make  a  return  on  the  « lay  set  for  the  hearing,  of  the  time  and 
manner  of  making  such  service.  The  court  may  postpone  the  hearing  upon  a  proper 
showing  by  either  party,  for  such  reasonable  time  as  may  be  necessary.  Upon  the 
hearing, proceedings  shall  be  had  as  provided  in  section  nine  of  this  act.     If  the  court 


224  GAME    COMMISSIONS    AND    WARDENS. 

or  jury  shall  find,  by  a  preponderance  of  the  evidence,  that  the  property  at  the  time 
of  it-  Beiznre,  was  being  used  in  violation  of  law,  the  court  shall  adjudge  the  property 

forfeit cil,  and  shall  render  judgment  against  the  owner  or  user  thereof,  for  the  costs, 
and  shall  order  the  property  turned  over  to  the  commissioners  of  fish  and  game,  to 
be  by  them  sold  at  such  time  and  place  as  they  shall  deem  best,  and  the  proceeds 
thereof  covered  into  the  state  treasury  as  provided  by  law.  But  if  the  court  or  jury 
shall  find  that  the  property,  at  the  time  of  its  seizure,  was  not  being  used  in  violation 
of  law,  the  court  shall  order  the  property  released.  A  writ  of  error  may  be  prose- 
cuted by  the  officer  or  person  filing  the  complaint,  or  by  the  owner  or  user  of  the 
property  seized,  to  review  the  judgment  and  order  of  the  court  in  forfeiting  the  prop- 
erty, or  in  ordering  its  release,  to  the  court  of  common  pleas,  circuit  court,  and 
supreme  court,  in  the  same  manner  as  writs  of  error  are  prosecuted  in  other  civil 
causes.  But  if  the  owner  or  person  so  unlawfully  using  the  property  at  the  time  of 
seizure  shall  be  arrested  and  shall  plead  guilty,  and  shall  confess  that  the  property 
seized  was,  at  the  time  of  its  seizure,  being  used  by  him  in  violation  of  law,  in  such 
case  it  shall  not  be  necessary  to  institute  a  proceeding  to  forfeit  the  same,  but  the 
court  before  whom  the  offender  has  pleaded  guilty,  shall,  in  imposing  sentence, 
further  order  and  adjudge  that  the  property  so  seized  be  forfeited  to  the  State. 

Jurisdiction;  Procedure;  Costs:  Sec.  9.  Any  justice  of  the  peace,  mayor,  or 
police  judge,  within  his  county,  shall  have  final  jurisdiction  in  all  prosecutions  for  the 
violation  of  any  of  the  provisions  of  this  act  or  of  any  law  enacted  for  the  protection, 
preservation,  or  the  propagation  of  birds,  fish,  or  game,  and  shall  have  like  jurisdic- 
tion in  all  proceedings  brought  for  the  condemnation  and  forfeiture  of  any  property 
used  in  the  violation  of  any  such  law.  If  in  any  such  prosecution,  or  condemnation 
proceeding,  the  defendant  shall  demand  a  trial  by  jury,  the  court  before  whom  the 
prosecution  or  the  proceeding  is  pending  shall  issue  his  venire  to  any  warden  or  con- 
stable of  the  county,  containing  the  names  of  sixteen  electors  of  the  township,  city, 
or  village,  for  which  such  court  was  chosen  as  such  officer,  to  serve  as  jurors  upon 
the  hearing  of  such  prosecution  or  proceeding,  which  officer  shall  promptly  execute 
the  same  and  make  due  return  thereof  to  the  court.  If  such  venire  be  exhausted 
without  obtaining  the  required  number  of  jurors  to  fill  the  panel,  the  court  may 
direct  the  warden,  or  the  constable,  to  summon  any  of  the  bystanders,  or  to  bring 
in  other  persons,  to  act  as  jurors.  Provided,  That  if  the  defendant  consent  in 
writing  (which  shall  be  entered  of  record),  he  may  be  tried  by  a  jury  composed  of 
six  persons,  in  which  case  the  venire  need  not  contain  the  names  of  more  than  ten 
electors.  Each  party  shall  be  entitled  to  two  peremptory  challenges,  and  to  such 
other  challenges  of  jurors  for  cause  as  are  permitted  in  criminal  cases  in  the  court  of 
common  pleas.  In  criminal  prosecutions  like  proceedings  shall  be  had  as  in  crimi- 
nal cases  in  the  court  of  common  pleas;  and  in  condemnation  proceedings,  like  pro- 
ceedings shall  be  had  as  in  civil  cases  in  the  court  of  common  pleas.  In  all  prosecu- 
tions and  condemnation  proceedings  for  the  violation  of  any  law  enacted  for  the 
protection,  preservation  or  the  propagation  of  birds,  fish,  or  game,  no  cost  shall  be 
required  to  be  advanced,  secured,  or  paid  by,  or  bond  or  undertaking  required  of, 
any  person  whose  duty  it  is  under  the  law,  to  prosecute  such  cases  or  proceedings. 
And  if  the  defendant  be  acquitted,  or  if  convicted  and  committed  in  default  of  pay- 
ment of  fine  or  costs,  or  if  the  property  seized  be  released,  the  costs  in  such  cases 
shall  be  certified  under  oath  to  the  county  auditor  who,  after  correcting  the  same,  if 
found  incorrect,  shall  issue  his  warrant  on  the  county  treasurer  in  favor  of  the 
person  or  persons  to  whom  such  costs  and  fees  are  due,  and  for  the  amount  due 
each  person  respectively. 

Prima  facie  evidence;  Corporations;  Conviction;  Fines,  etc.:  Sec  10.  The 
finding  of  any  gun,  net.  seine,  boat,  trap  or  other  device  set,  maintained,  or  in  use, 
in  violation  of  any  law  relating  to  the  protection,  preservation  or  propagation  of 
birds,  fish  or  Lrame,  shall  be  prima  facie  evidence  of  the  guilt  of  the  person  owning, 


OHIO.  ■_'•_'•> 

or  making  claim   i"  the  name;  and  the  finding  ol  any  birds,  fish,  01   game 
unlaw  1 1 1 1 1  \  in  th»'  p. .—.-si., n  of  an)  person,  Bhall  be  prima  tm  ie  ei  Idence  "i  the  guilt 
.  !i  person.     *    *    *     Whenever  any  affidavit  shall  be  filed  and  warrant 

I  tomtit  tn  for  the  violation  of  any  of  the  provisions  of  this  ad  or  any 
l.iu  for  tin-  protection,  preservation  or  propagation  "i  birds,  ii~h  or  game,  .i  summons 
■hall  be  issued,  directed  to  the  sheriff,  constable  or  warden,  commanding  Baid  « » ! ! "i •  •  - r- 
|o  notif)  the  accused  thereof,  and  returnable  on  or  before  the  tenth  day  sfti 

-ii.  h  summons,  together  with  a  copy  of  the  warrant,  Bhall  be  Berved  and 
returned  in  the  manner  pro\  ided  for  the  service  of  summona  apon  such  corporations 
in  civil  action-;  the  corporation  on  or  before  the  return  day  of  the  summons,  may 
appear  by  any  .>ii.-.'i  its  officers  or  by  council  and  answer  the  warrant  by  motion, 
demurrer  or  plea,  and  upon  its  failure  to  make  such  appearance  and  answer,  a  plea 
of  "not  guilty"  -hall  be  entered,  and  upon  Bach  appearance  being  made  or  plea 
red,  the  corporation  shall  be  deemed  thenceforth  continuously  present  in  court 
until  the  case  i-  finally  disposed  of.  In  every  case  of  conviction,  the  cost  of  prose- 
cation,  and  of  condemnation  shall,  in  addition  to  the  fine  imposed,  or  forfeiture 
declared,  be  adjudged  against  the  person  convicted,  or  the  owner  or  user  of  the 
property  condemned.  Whenever,  upon  conviction,  the  person  convicted  fails  to  pay 
the  fine  and  costs  imposed  upon  him,  or  execution  issued  is  returned  unsatisfied,  he 
shall  U-  committed  to  the  jail  of  the  county  or  to  some  workhouse  and  shall  there 
be  kept  confined  one  day  for  each  one  dollar  fine  and  costs  adjudged  against  him, 
and  he  shall  not  be  discharged  or  released  therefrom  by  any  hoard  or  officer,  except 
npon  payment  of  the  portion  of  the  tines  and  costs  remaining  unserved,  or  upon  the 
order  of  the  commissioners  of  fish  and  game.  All  fines,  penalties,  and  forfeitures 
arising  from  prosecutions,  conviction-,  confiscations,  or  otherwise  (unless  otherwise 
directed  by  the  commissioners  of  fish  and  game  shall  be  paid  by  the  officer  before 
whom  the  prosecution  is  had  or  by  whom  the  fine  is  collected,  to  the  president  of 
the  commissioners  of  fish  and  game,  and  by  him  paid  into  the  state  treasury  to  the 
credit  of  the  fund  which  is  hereby  appropriated  for  the  use  of  the  commissioners. 

Search;  Seizure:  Sec.  11.  Every  warden,  sheriff,  deputy  sheriff,  constat  • 
other  poli.e  officer,  may  inspect  any  package,  parcel,  box,  coat  or  clothing,  or  other 
tacle,  in  the  possession  of  any  person,  which  the  said  warden  shall  have  - 
o  to  believe  contains  birds,  fish,  or  game  killed,  taken,  or  had  in  possession  in 
violation  of  law;  and  to  inspect  any  room,  building,  ear.  boat,  or  other  place  wherein 
birds,  fish,  or  game  are  kept  for  sale,  or  which  he  has  good  reason  to  believe  contains 
birds,  fish  or  game,  killed,  taken,  or  had  in  possession  in  violation  of  law.  If  the 
person  in  whose  custody  or  possession  such  package,  parcel,  box,  coat  or  clothing, 
or  other  receptacle  may  be,  or  the  owner  or  person  in  charge  of  any  such  room, 
building,  car.  boat,  or  other  place  refuse  to  permit  such  inspection,  upon  demand 
made  by  the  warden,  the  warden  shall  have  the  power  after  having  made,  or  with- 
out making  such  demand,  upon  filing  an  affidavit  in  accordance  with  the  provisions 
of  section  7121  Revised  Statutes  before  an  officer  having  jurisdiction  of  the  offense, 
and  receiving  a  search  warrant  issued  thereon,  to  forcibly  open  and  inspect  any  such 
package,  parcel,  box,  coat  or  clothing,  or  other  receptacle,  or  room,  building,  ear, 
boat  or  other  place,  and  if  he  shall  find  therein  any  birds,  fish,  or  game,  unlawfully 
in  the  possession  of  any  person,  he  shall  forthwith  seize  the  same,  and  the  same  shall 
escheat  to  the  state,  and  arrest  the  person  in  whose  custody  or  possession  the  same 
is  found. 

Separate  offense;  Prima  facie  evidence:  Sir.  L6.    [1  »ns  for  rabbits, 

Bjquirrels, and  raccoons,  and  prohibits  sale  or  transportation  of  squirrels.]  And  each 
Squirrel  so  killed,  taken,  had  in  possession,  received  for  transportation,  or  trans- 
ported, contrary  to  the  provisions  of  this  section,  shall  constitute  a  separate  offense. 
The  reception  by  any  person  within  this  state  of  any  s.juirrel  for  shipment  to  a  point 


226  GAME    COMMISSIONS    AND    WARDENS. 

without  the  state,  shall   be  prima  facie  evidence  that  they  were  killed  within  this 
Btate  for  the  purpose  of  conveying  the  same  beyond  its  limits.     *    *    * 

Separate  offense;  Prima  facie  evidence:  Sac.  18.  [Prohibits  purchase,  sale  or 
-i.>n  of  game  birds  in  close  season,  transportation  beyond  the  state,  or  kill- 
ing for  such  purpose.]  And  each  bird  or  fowl,  so  killed,  taken,  had  in  possession, 
received  for  transportation,  or  transported,  contrary  to  the  provisions  of  this  section, 
shall  constitute  a  separate  offense.  The  reception  by  any  person  within  this  state  ol 
any  such  birds,  game,  or  animals,  for  shipment  to  a  point  without  the  state,  shall  be 
prima  facie  evidence  that  they  were  killed  within  this  state  for  the  purpose  of  con- 
veying the  same  beyond  its  limits.     *     *     * 

Licenses;  Production  of  license;  Separate  offense:  Sec.  22.  [Provides  for 
nonresident  license  of  $15. J  The  commissioners  of  fish  and  game  may  revoke  license 
of  a  nonresident  upon  satisfactory  proof  that  such  person  has  hunted  in  violation  ol 
law;  and  no  license  shall  be  granted  to  a  person  whose  license  has  been  revoked  for 
a  period  of  one  year  thereafter.  The  clerk  of  courts  shall  keep  a  record  of  each 
license  issued,  and  shall  make  a  report  to  the  commissioners  of  fish  and  game,  during 
the  month  of  December,  in  such  form  as  they  shall  require  of  the  number  of  license! 
issued,  and  shall  transmit,  with  such  report,  to  the  president  of  the  commissioner! 
of  fish  and  game,  the  moneys  received  during  the  hunting  season,  which  moneys 
shall  be  paid  into  the  state  treasury  to  the  credit  of  a  fund,  which  is  hereby  appro- 
priated for  the  use  of  the  commissioners  of  fish  and  game.  El  very  such  nonresident 
person  shall,  when  hunting,  carry  with  him  his  license,  and  shall,  upon  demand, 
exhibit  it  to  any  warden  or  police  officer,  and  a  refusal  to  so  exhibit  his  license  shall 
constitute  an  offense  under  this  section.  The  record  of  licenses  kept  by  the  clerk 
of  courts  shall  be  open  at  all  reasonable  hours  to  the  inspection  of  any  person. 
Each  day  that  any  nonresident  person  shall  hunt,  within  this  state,  without  firsf 
having  procured  the  license  herein  required,  shall  constitute  a  separate  offense. 
#    *    * 

Approved  April  26,  1904. 

OKLAHOMA. 

Wilson's  Revised  and  Annotated  Statutes,  1903,  Chap.  XXXVIII,  p.  755. 

Game  and  fish  warden:  (3084)  [Sec]  16.  It  shall  be  the  duty  of  the  Governor 
to  appoint  some  person,  a  resident  of  this  Territory,  Game  and  Fish  Warden.  Said 
"Warden  shall  hold  his  office  for  four  years,  or  until  his  successor  is  appointed  and 
qualified,  unless  removed  for  cause  or  at  the  will  of  the  Governor;  and  that  said 
Game  Warden  shall  serve  in  such  capacity  without  compensation,  except  as  pro- 
vided in  this  Act. 

Duties;  Proceeding's:  (3085)  [Sec]  17.  It  shall  be  the  duty  of  said  (lame  and 
Fish  Warden  *  *  *  to  enforce  the  laws  applicable  to  game  and  fish,  and  for  the 
preservation  of  all  game  and  fish  as  provided  by  this  Act  and  which  may  hereafrer 
become  the  law  of  this  Territory,  or  be  enacted,  and  to  bring  or  cause  to  be  brought, 
and  to  prosecute  or  cause  to  be  prosecuted,  actions  and  proceedings  in  the  name  of 
this  Territory  to  punish  any  person  for  the  violation  of  said  statute  laws  of  this 
Territory:  Provided,  That  such  actions  and  proceeding  may  be  brought  in  the  name 
of  the  Territory  in  like  cases,  in  the  same  courts  and  under  the  same  circumstances 
by  any  individual  or  by  the  county  attorney  of  the  several  counties:  And.  provided 
further,  That  no  bond  shall  be  required  for  costs  from  any  person  making  suca 
complaint. 

Action;  Search;  Prima  facie  evidence;  Seizure;  Nonliability:  i  3086  [Sec.]  18. 
That  the  Game  and  Fish  Warden  may  make  complaint  and  cause  proceedings  to  be 
commenced  against  any  person  for  the  violation  of  any  of  the  laws  for  the  protection  or 
propagation  of  game  or  fish  without  the  sanction  of  the  county  attorney  of  the  county 


OKLAHOMA.  *_'  J  » 

ifh  such  pi  •  •>  <■<  •■liiiL--  are  comment  ■•••!,  and  in  bin  I  ihall  nol   Ik*  >■ 

—  1 1 . 1  Warden  ma)  also  appeal  for  the  Territory  ii 
inpetent  jurisdiction  in  an}  case  for  violation  ol  anj  of  the  lawn  for  the  pro- 

n  «>i'  li-h  and  puiu1,  and  prosecute  the  name  in  the  nme  mannei 
iin.l  with  the  same  authority  as   the  rount}   attorney  of  the  county  in  which  the 
commenced.     Said  Warden  shall   havepowi  rch  any  p< 

camine  an}  Unit,  conveyance,  vehicle,  fish  box,  fish  basket,  game  bag  01 

receptacle  for  game  or  fish  when  he  has  g I   reason  to  believe 

lie  will  thereby  secure  evidence  of  the  violation  of  the  law:  and  any  n 
hindrance  or  interference  or  attempt  at   resistance,  hindrance  or  interference  with 
inch  search  and  examination  shall  be  prima  facie  evidence  of  a  violation  of  the  law 

part}   or  [mrties  who  resist,  hinder  or  interfere  with  or  attempl   to  i 
hinder  or  interfere  with  such  search  or  examination.     That  said  Game  Warden 
shall  at  any  a  ii.  1  all  times  seize  and  take  possession  of  any  and  all  birds,  animals  or  fish, 
which  have  been  caught,  taken  or  killed  at  a  time,  in  a  manner  or  for  a  purpoc 

m  or  under  control,  or  have  been  shipped  contrary  to  any  of  the  laws 
of  this  Territory,  and  such  seizure  may  be  made  without  a  warrant.     Any  court 
ha\  ing  jurisdiction  of  the  offense,  upon  receiving  proof  or  probable  cause  for  believing 
in  the  concealment  of  any  bird,  animal  or  fish,  caught,  taken,  killed,  had  in  possession, 
under  control,  or  shipped  contrary  to  any  of  the  laws  of  this  Territory,  shall  issue  a 
warrant  and  cause  a  search  to  be  made  in  any  place,  and  to  that  end  may 
any  building,  enclosure  or  car  to  be  entered,  and  any  apartment,  chest,  1><>\. 
rate,    basket   or   package,   to   be   broken    open   and   the   contents    thereof 
examined  by  said  Game  and    Fish  Warden.     All   birds,  animals  or  fish,  or  nets  or 
_-  appliances  or  apparatus  seized  by  the  same  <  lame  and    Fish  Warden  shall  be 
-•  d  of  in  such  manner  as  may  be  directed  by  the  court  before  whom  the  offense 
1  or  by  any  court  of  competent  jurisdiction.     Said  Game  and   Fish  Warden 
shall  not  be  liable  for  damages  on  account  of  any  search,  examination  or  seizure,  or 
the  destruction  of  any  nets  or  fishing  apparatus  of  any  kind,  in  accordance  with  the 
pri'vi-i' >ns  of  this  Act. 
Criminal   process;    Arrest;    Sunday;  Compensation:   (3087)   [Sec.]    H>.   Said 
and   Fish   Warden  shall   have  the  same  power  to  serve  criminal  process 
ffs,  and  shall  have  the  same  right  as  sheriffs  to  require  aid  in  executing  such 
Said  Warden  may  arrest  without  warrant  any  person  caught  by  him  m  the 
art  of  violating  any  of  the  aforesaid  laws  for  the  protection  or  propagation  of  birds, 
r  fish,  and  take  such  person  forthwith  before  a  justice  of  the  peace,  or  other 
-rate  having  jurisdiction,   who  shall  proceed  without  delay  to  bear,  try  and 
determine  the  matter,  and  the  same  proceedings  shall  be  had  a^  near  as  may  be,  as 
in  other  criminal  matters  triable  before  a  justice  of  the  peace,  or  other  magistrate 
having  jurisdiction.     Such  arrest  may  be  made  on  Sunday,  in  which  ease  the  person 
•  d  shall  be  .taken  before  a  justice  of  the  peace  or  other  magistrate  ha\  ing  juris- 
diction and  proceeded  against  as  soon  as  may  be,  on  a  weekday  following  the  arrest 
And  that  said  ( lame  Warden  shall  receive  the  same  compensation  for  making  arrests 
and  serving  of  processes  when  acting  under  the  game  and  fish  laws  of  this  Territory 
ll  are  allowed  the  sheriffs  for  performing  a  like  service. 

County  g-ame  wardens;  Deputies;  Compensation:  (3088)  [Sec.]  20.  That  the 
Baid  Game  and  Fish  Warden  shall  have  power  to  appoint  a  Deputy  <  tame  and  Fish 
Warden  in  each  county  in  the  Territory,  to  be  known  as  the  county  game  wanlen. 
who  shall  have  the  same  power  and  authority  herein  provided  for  the  <  lame  and  Fish 
Warden  himself,  subject  to  the  supervision  and  control  of  and  the  removal  by  the 
Game  Warden.  That  the  said  county  game  warden  shall  also  have  power  to  appoint 
in  each  county,  not  to  exceed  five  deputies,  residents  thereof,  as  deputy  game  and 
lish  wardens,  who  shall  have  the  same  power  in  their  respective  counties  as  is  herein 
provided  for  the  Game  and  Fish  Warden  himself,  subject  to  the  supervision  and 
4358-    \o.  28—07 16 


228  GAME    COMMISSIONS    AND    WARDENS. 

control  of,  and  to  be  removed  by  the  Territorial  Game  and  Fish  Warden,  and  shall 
receive- such  compensation  as  provided  in  this  Act  for  the  serving  of  processes  and 
making  arrests  and  each  other  compensation  as  maybe  provided  for  by  the  Gamd 

and  Fish  Warden  of  the  Territory,  but  in  no  case  shall  the  county  or  Territory  be 
liable  for  any  fees  or  compensation  other  than  for  the  serving  of  process  as  herein 
provided.  Any  person  who  hinders  or  obstructs  or  interferes  with  or  attempts  to 
binder,  obstruct  or  interfere  with  the  said  Game  and  Fish  Warden,  or  any  deputy 
or  county  warden  in  the  discharge  of  his  duties,  shall  be  deemed  guilty  of  a 
misdemeanor,    *    *    * 

Costs;  Warden's  fees:  (3089)  [Sec]  21.  In  each  prosecution  before  a  justice  of 
the  peace  for  the  violation  of  any  of  the  provisions  of  this  Act  there  shall  be  a  fee  of 
ten  dollars  taxed  and  collected  as  costs,  and  one-half  of  which  shall  be  paid  by  the 
justice  of  the  peace  to  the  Game  Warden  of  the  Territory,  and  one-half  to  the  county 
game  warden  of  the  county  in  which  such  prosecution  is  had,  and  for  each  prosecu- 
tion in  the  district  court,  there  shall  be  a  fee  of  twenty-five  dollars  taxed  and  col- 
lected as  costs,  one-half  of  which  shall  be  paid  by  the  district  clerk  to  the  dame 
Warden  of  the  Territory  and  one-half  to  the  county  game  warden  of  the  county  in 
which  such  prosecution  is  had. 

Prima  facie  evidence:  (3073)  [Sec]  5.  The  possession  or  having  under  control 
of  any  kind  of  bird,  game  or  fish,  the  killing  of  which  is  at  any  time  or  at  a  time 
prohibited  by  the  laws  of  this  Territory,  shall  be  prima  facie  evidence  that  it  was 
killed  in  this  Territory,  to  disprove  which  it  shall  be  necessary  to  show  by  the  testi- 
mony of  the  party  who  actually  caught,  took  or  killed  the  same,  that  it  was  killed 
outside  of  this  Territory.  Whenever  it  shall  appear  that  any  bird,  game  or  fish  of 
a  kind,  the  killing  of  which  is  at  any  time  or  at  all  times  prohibited  by  the  laws  of 
this  Territory,  was  caught,  taken  or  killed  outside  of  this  Territory,  it  shall  be  prima 
facie  evidence  that  such  bird,  game  or  fish  was  caught,  taken  or  killed  at  a  time,  in 
a  manner  and  for  a  purpose  prohibited  by  the  laws  of  the  Territory,  State  or  country 
where  it  was  caught,  taken  or  killed,  and  was  shipped  out  of  said  Territory,  State  or 
country  in  violation  of  the  laws  thereof,  to  disprove  which  it  shall  be  necessary  to 
show  by  direct  and  positive  evidence  that  it  was  killed  at  a  time,  in  a  manner  and 
for  a  purpose  permitted  by  the  laws  of  the  Territory,  State  or  country  where  the 
.same  was  killed,  and  that  its  shipment  out  of  said  Territory,  State  or  country  was 
not  forbidden  by  the  laws  thereof. 

County  and  township  officers;  Costs:  (3082)  [Sec]  1-4.  For  the  more  certain 
detection  and  punishment  of  the  violators  of  this  Act,  it  is  hereby  made  the  duty 
of  all  county  and  township  officers,  when  any  violation  of  the  provisions  of  this 
Act  is  brought  to  their  knowledge,  to  file  an  affidavit  before  some  court  or  magistrate 
having  jurisdiction  of  such  cases  information  and  belief  charging  the  person  or  persons 
with  the  offense  committed,  and  upon  the  filing  of  such  affidavit,  a  warrant  shall 
issue  for  the  arrest  of  said  person  or  persons  to  be  tried  for  misdemeanor  as  provided 
by  the  criminal  laws  of  the  Territory  of  Oklahoma,  except  that  it  shall  not  be  neces- 
sary for  the  county  attorney  to  recommend  that  a  warrant  issue  and  any  person 
making  complaint  shall  not  be  liable  for  costs:  Provided,  That  no  bond  shall  be 
required  for  costs  from  any  persons  making  such  complaint.  And  any  person  vio- 
lating the  provisions  of,  or  the  duties  imposed  by  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,     *    *    * 

Common  carriers:  (3083)  [Sec]  15.  *  *  *  And  it  is  hereby  made  the  duty 
of  each  and  every  county  attorney  in  the  Territory,  upon  information  that  any  rail- 
road company,  express  company,  or  other  common  carrier  has  violated  any  of  the 
provisions  of  this  Act  within  their  respective  counties,  to  immediately  institute  suit 
therefor  as  in  this  Act  provided. 


OKLAHOMA       OREGON,  229 

\{U)A.  Ohmp.  xv.  p.   ; 

Informers;  Attoi  [Prohibit*  under  penall 

r,  antelope,  prairie  chicken,  grouse,  quail,  wild  turkey,  dove,  or  in  • 
j  oiu'-liali  ••!  mu-Ii  line  .-hall  go  to  the  informer  of  said  violation  of  said   law, 
there  shall  !><•  taxed  a.-  < "-i-  in  said  of  ten  dollars,  to  go  to  t  he  coonty 

i  iif\   prosecuting  t  lie  same. 
Informers;    Attorney1  I       Prohibita   under   penalty 

|H>rtaii<»n  >  i  game  and  lards  mentioned  in  sec.  1  ]  and  one-half  of  said  fine  shall 
the  informer  of  said  \  iolation  of  said  law .  and   there  shall  be  taxed 

c  of  fifty  dollars  to  go  t<>  the  county  attorney  prosecuting  the  BSJ 
Common  carriers;    Disposition  of  tine;    Attorney's  fee:  Sec.  4.    [Prohibita 
moil  carriers  from  recei\  i tig  or  earn  i t i _r  the  game  and  birds  mentioned  in  sec.  1 .  ] 
ad  company,  express  company,  or  other  common  carrier,  or  private  indi- 
i,  who  shall,  through  itself,  himself,  or  it.-  agent,  servant  or  employe  violate  any 
provi.-ions  of  this  section,  shall  forfeit  and  pay  to  the  Territory  of  <  >klahoi 
.  iolation  thereof,  the  sum  of  live  hundred  dollars,  to  go  to  the  common  school 
fund  of  said  county,  together  with  all  costs  ><i  suit,  including  a  fee  of  one  hundred 
•  the  county  attorney  bringing  said  suit,  to  be  recovered  in  a  civil 
action  to  be  instituted  by  the  county  attorney  of  the  comity  wherein  -aid  -nit   is 
ght,  which  sum  of  live  hundred  dollars,  and  costs  of  said  -nit  shall  l>e  collected 
cution  as  in  civil  costs, 
rch;  Arrest:  Sec.  5.   It  shall  be  the  duty  of  the  game  warden,  the  deputy 
wardens,  and  all  sheriffs,  marshals,  and  constables  of  this  Territory,  whenever 
they  are  informed  or  believe  that  section  three  of  thia  act  is  being  violated,  to  enter 
upon  any  premises,  and  to  search  any  such  premises  or  any  box,  or  package  of  any 
kind,  without  warrant  or  process,  and  if  any  game  i-  found  in  any  person'.-  ;    aai  - 
it  shall  be  their  duty  to  seize  said  game  and   to  arrest,  without  warrant,  the 
i)  in  who-.         -     -    n  it  is  found,  and  to  take  said  person  immediately  before 
the  probate  court  of  the  county  wherein  said  person  is  arrested. 
Approved  March  18,  1903. 

OREGON. 

Bellinger  and  Cotton's  Annotated  Codes  and  Statutes,  1902,  p.  717. 

Game  warden;  Bond;  Compensation:   [Sec.]  2051.  The  governor  shall  appoint 

le  and  forestry  warden,  who  shall  be  a  resident  of  this  state,  and  w  ho  shall 

hold  his  office  for  the  term  of  four  years  from  the  date  of  his  appointment,  and  until 

ssor  is  appointed  and  qualified;  and  any  vacancy  occurring  during  said  term 

he  filled  by  the  governor  for  the  residue  of  the  term:  Provided,  that  the  person 

holding  the  office  of  game  and  forestry  warden  of  this  state  shall  continue  to 

hold  said  office  for  a  period  of  four  years  from  the  date  of  his  appointment,  and  until 

ss<  >r  is  appointed  and  qualified.     Before  entering  upon  the  duties  of  his  office, 

-         _  and  forestry  warden  shall  file  with  the  secretary  of  state  a  bond,  to  be 

approved  by  the  governor,  in  the  sum  of  five  thousand  dollars,  conditioned  for  the 

ful  performance  of  his  duties  as  prescribed  in  this  act     His  compensation  >hall 

le  thousand  two  hundred  dollar-  per  year,  to  be  paid  in  monthly  payments,  and 

all  be  allowed  for  his  actual  traveling,  office,  and  otherexpenses  in  the  perform- 

•f  his  duties  a  sum  not  exceeding  five  hundred  dollars  per  year. 

Special  deputies;  Compensanion:    [Sec]  2052.    [As  amended  by  Laws 

192.]     Said  State  (tame  and   Fore-try   Warden  shall   have   power  to  appoint 
a  number  of  special  deputy  game  and  forestry  warden-  a-  he  may  deem 


Cameron  p.  Territory.  86  Pa< 


230  GAME    COMMISSIONS    AND    WARDENS. 

Bary,  who  shall  hold  office  for  such  time  as  the  state  Game  and  Forestry  Warded 
may  designate,  and  who  may  be  removed  from  office  by  said  State  Game  and  For- 
estry Warden  at  any  time,,  and  their  places  filled  in  like  manner  as  at  the  original 
appointment.  Said  special  deputy  game  and  forestry  wardens  shall  perform  their, 
duties  at  the  direction  of  and  subject  to  the  supervision  and  control  of  said  State 
(lame  and  Forestry  Warden.  Said  special  deputy  game  and  forestry  wardens  shall 
each  receive  a  p  r  diem  compensation,  to  be  fixed  by  the  State  Game  and  Forestry 
Warden,  of  not  to  exceed  $2.00  per  day  for  each  day  actually  spent  in  the  dischargee! 
their  duties,  and  their  actual  expenses  necessarily  incurred  when  so  employed:  said 
compensation  and  expenses  to  he  paid  in  like  manner  as  that  of  the  State  Game  and 
Forestry  Warden,  on  the  approval  of  itemized  vouchers  therefor,  verified  under  oath 
and  ceit  i  tied  to  1  >y  the  State  I  >ame  and  Forestry  Warden;  providt  d  howu  >  >  r,  that  the 
total  amount  certified  to  by  the  State  Game  and  Forestry  Warden  for  the  compen-a- 
sation  and  expenses  of  all  deputies  whom  he  may  appoint  shall  not  exceed,  in  any 
one  year,  the  total  amount  appropriated  for  the  use  of  the  State  Game  and  Forestry 
Warden  for  such  purposes  for  such  year  added  to  the  amount  of  money  derived  from 
hunting  licenses. 

Search;  Prima  facie  evidence ;  Disposition  of  game  ;  Jurisdiction:  [Sec.] 
'2i)'y.\.  It  shall  be  the  duty  of  the  state  game  and  forestry  warden,  under  the  direc- 
tion of  the  governor,  to  enforce  the  laws  of  the  State  of  Oregon  for  the  protec- 
tion of  trout,  game  fish,  game  birds,  game,  wild  fowl,  song  birds,  and  forests,  and 
to  bring  or  cause  to  be  brought  actions  or  proceedings  in  the  name  of  the  state  to 
recover  any  and  all  fines  and  penalties,  and  to  inflict  punishments  for  violation  of 
such  laws.  lie  shall  have  power  to  search  any  person,  and  examine  any  boat,  con- 
veyance, vehicle,  game  bag,  game  basket,  game  coat,  or  other  receptacle  for  game  or 
game  fish,  all  cold  storage  rooms,  packages  or  boxes  held  either  for  storage  or  ship- 
ment, which  he  has  reason  to  believe  contain  evidence  of  the  infraction  of  the  laws 
of  this  state  for  the  protection  of  wild  fowl,  trout,  other  game  fish,  game,  game  birds, 
song  birds,  and  forests;  and  if  upon  diligent  inquiry  he  can  discover  evidence  suffi- 
cient in  his  judgment  to  secure  the  conviction  of  the  alleged  offenders,  or  shall  have 
cause  to  believe  that  sufficient  evidence  exists  to  justify  the  same,  he  shall  at  once 
institute  proceedings  to  punish  the  alleged  offenders;  and  hindrance  or  interference 
with  such  search  and  examination  shall  be  prima  facie  evidence  of  a  violation  of  the 
law  by  the  party  or  parties  who  hinder  or  interfere,  or  attempt  to  hinder  or  interfere, 
with  such  search  and  examination.  Said  game  and  forestry  warden  shall  at  any  and 
all  times  seize  and  take  possession  of  any  and  all  game,  wild  fowl,  game  fish,  game 
birds,  song  birds,  or  trout  winch  have  been  caught,  taken,  or  killed  at  any  time,  in 
any  manner  or  for  any  purpose,  or  had  in  possession  or  under  control,  which  have 
been  shipped  contrary  to  any  of  the  laws  of  this  state.  Such  seizure  may  he  made 
without  warrants.  Any  court  having  jurisdiction  of  the  offense,  upon  receiving 
proof  or  probable  cause  for  believing  in  the  concealment  of  any  game,  wildfowl, 
game  fish,  game  bird,  song  bird,  or  trout  caught,  taken,  killed,  had  in  possession, 
under  control  or  shipped  contrary  to  any  of  the  laws  of  this  state,  shall  issue  a  search 
warrant  and  cause  a  search  to  he  made  in  any  place,  and  to  that  end  may  cause  any 
building,  inclosure,  car,  boat,  apartment,  chest,  box,  crate,  basket,  or  package,  to  be 
broken  open  and  the  contents  thereof  examined  by  said  state  game  and  forestry 
warden,  or  any  deputy  warden,  sheriff,  or  constable.  All  trout,  game  fish,  game. 
game  birds,  wild  fowl,  or  song  birds  seized  by  said  state  game  and  forestry  warden, 
or  any  of  his  deputies,  shall  be  disposed  of  in  such  manner  as  may  be  directed  by 
the  court  before  whom  the  offense  is  tried,  or  by  any  court  of  competent  jurisdiction. 
Justice's  courts  shall  have  concurrent  jurisdiction  of  the  offense  defined  in  this  act. 
Such  actions  or  proceedings  shall  be  commenced  on  the  order  of  the  state  game  and 
forestry  warden  in  the  name  of  the  State  of  Oregon,  by  any  district  attorney  in  the 
district  in  which  the  offense  shall   be  alleged  to  have  been  committed,  and  such 


ORKOON.  281 

:   - 1 1  ;t  1 1    I-.-  prosecuted   to  .  letet  Iliiliat  i-  •  !!   in   1 1 » « -  <  <  .11 1 1 1  \    w  hen 

men I  i  uring,  a  discontinuance  shall 

and  forestn  warden;  hut   in  no  case  where  such  discontinuance  shall   •  ■ 
Bail  any  •  iwts  be  charged  eable  to  the  prosecution. 

Auditing  accounts;    Report:      S»       2065      Ml  salaries  and  ex p« 

under  tin-  provisions  of  this  art  shall  be  audited  by  the  secretary 
entation  of  hills  or  accounts  properly  certified,  and  the  paid  secretary  of  -tat.-  shall 
draw  warrants  in  |iaymen1  thereof  upon  the  state  treasurer  for  the  amounts  specified 
h  accounts.  Tin*  state  game  and  forestry  warden  shall  annually,  on  the  first 
,l:i\  of  I  >.  rrinU-r.  make  a  report  to  the  governor  of  the  operations  of  his  department 
during  the  preceding  \  ear. 

Arrest:  Trial:     S  The  said  state  game  and  forestry  warden,  or  any  of 

hi-  deputies,   or  any  sheriff,  deputy  sheriff,  or  constable  may,  without   warrant, 
arrest  any  |ierson  violating  any  of  the  laws  of  this  state  for  the  protection  of  trout, 
game  fish,  piine,  game  birds,  wild  fowl,  songbirds,  or  forests,  and  take  such  per- 
nio re  any  court   having  jurisdiction  of  the  offense,  who  shall  proceed  without 
delay  to  hear,  try,  and  determine  the  matter,  and  enter  judgment  according  to  the 
;at ions  and  proofs. 
Disposition  of  market  hunting-  license  fees;  Record;  Report:    [>i«  .  |  2044< 
lires  nonresident  market  hunters  to  procure  a  license  from  state  game  and  for- 
warden;  fee  $10.]     All  licenses  issued  hereunder  shall  be  nontransferable  and 
shall  expire  Decern l>er  31  of  the  year  of  issue,  and  all  License  fees  collected  by  the 
game  and  forestry  warden  hereunder  shall  be  by  him  paid  into  the  general 
fond  of  the  state  treasury;  and  said  warden  shall  keep  a  full  record  Of  all  licenc 
Inued,  and  shall  report  the  same  to  the  governor  annually. 
Prima  facie  evidence:  [Sec.]  2045.  and  proof  of  the  possession  of  any 

aforesaid  wild  animals,  wild  fowl,  or  game  birds  at  any  time  when  it  is  unlaw- 
ful to  take  or  kill  the  same,  unless  they  be  kept  as  in  thissi  ction  provided  [in  parks, 
museums,  as  household  pets  or  for  scientific  or  breeding  purposes],  shall  be  prima 
evidence  in  any  prosecution  lor  a  violation  of  the  provisions  of  this  act  that  the 
.  or  persons,  firm,  company,  or  corporation  in  whose  possession  the  same  is 
found  took,  killed,  destroyed,  or  had  in  possession  the  same  in  the  county  wherein 
me  is  found  during  a   period  when   it  was  unlawful  to  take,  kill,  destroy,  or 
have  the  same  in  possession:     *    *    * 
Disposition  of  fines:   [Sec.]  2050.  All  fines  imposed  and  collected  in  money,  as 
ded  in  this  act,  shall  be  paid  into  the  treasury  of  the  county  in   which   such 
action-,  or  proceedings  shall  have  been  commenced,  and  the  district  attorney 
or  treasurer  of  said  county,  upon  the  payment  of  any  judgment,  may  satisfy  the  same 
ord  as  the  attorney  for  the  state.     One  half  of  all  such  money,  exclusive  of 
shall  l>e  paid  t<»  and  belong  to  the  informer,  whether  Buch    informer  be  the 
sheriff,  constable,  city  marshal,  police  officer,  or  other  person  other  than  the  state 
game  and  for*  stry  warden,  or  any  of  the  Bpecial  deputy  game  and  forestry  wardens 
led  for  in  this  act,  i  who  causes  to  be  brought  the  action  or  proceeding  in  w  hich 
such    fine   or   penalty  shall    be    recovered,   and    shall  be  paid  to   such   person    by 
the  county  treasurer  within  thirty  days  after  the  -ame  shall  be  received  by  such 

irer,  upon  the  certificate  of  the  prosecuting  attorney,  justice  of  the  peao 
judge  who   prosecuted  or  heard  such  action,  that  such   action  or   proceeding   was 
_:it  or  caused  to  be  brought  by  such  person,  and  that  he  is  entitled  to  our   half 
I  fine:  and  the  other  one   half  of  said   fine  shall  be  retained   by  the  county 
treasurer,  to  be  applied  to  the  payment  of  the  expenses  of  such  suit,  action,  or  pro- 
All  money  thus  paid  into  the  treasury  of  any  county  over  and  above  the 
amount  necessary  to  reimburse  the  county  for  any  expense  incurred  by  the  county 
in  such  suit,  action,  or  proceeding  brought  under  the  provisions  of  this  act,  shall  be 
paid  on  or  before  the  thirtieth  day  of  December  in  each  year  into  the  state  treasury, 
and  become  and  be  a  part  of  the  general  fund. 


232  GAME    commissions    AND    WARDENS. 

Laws  of  1903,  p.  140. 

Peace  officers:  Sec.  1.  That  from  and  after  the  passageof  this  act  the  sheriffs  and 
deputy  sheriffs  of  the  counties  and  constables  of  the  various  precincts  and  districts 
of  the  State  of  <  >regon  shall  he  and  hereby  are  created  ex  officio  fire,  game,  and  iish 
wardens. 

Duties;  Arrest;  Trial;  Sunday:  Sec  2.  It  shall  be  the  duty  of  said  fire,  game, 
and  fish  wardens  to  enforce  all  statutes  of  the  state  now  in  force,  or  that  may  here- 
after be  enacted,  for  the  protection  of  forests  and  timber  lands  from  fire,  and  for  the 
protection  of  game,  game  birds,  game  mammals,  song  and  insectivorous  birds,  and 
fish,  *  *  *  and  said  sheriffs,  deputy  sheriffs,  constables,  or  wardens  shall  have 
authority  to  arrest,  without  warrant,  any  person  or  persons  caught  by  them  in  the 
act  of  violating  any  of  the  aforesaid  laws  for  the  protection  of  forests  and  timber 
lands,  game  and  food  and  game  fish,  and  take  such  person  or  persons  forthwith 
before  a  justice  of  the  peace,  or  other  magistrate  having  jurisdiction,  who  shall  pro- 
ceed without  delay  to  hear,  try,  and  determine  the  matter.  Such  arrests  may  also 
be  made  on  Sunday,  in  which  case  the  person  or  persons  arrested  shall  be  taken 
before  the  proper  officer,  and  proceeded  against  as  soon  as  may  be  on  a  week  day 
following  the  arrest. 

Search:  Seizure;  Nonliability:  Sec.  3.  Said  sheriffs,  deputy  sheriffs,  constables, 
or  wardens  shall  have  power,  without  warrant,  to  search  and  examine  any  boat,  con- 
veyance, vehicle,  fish  box,  fish  basket,  game  bag,  or  game  coat,  or  other  receptacle 
for  game  or  fish,  when  they  have  good  reason  to  believe  that  any  of  the  laws  for  the 
protection  of  forests  and  timber  lands,  game  and  food  fish,  have  been  violated;  and 
the  said  sheriffs,  deputy  sheriffs,  constables,  or  wardens  shall  at  any  time  seize  and 
take  possession  of  any  and  all  birds,  animals,  or  fish  which  have  been  caught,  taken, 
or  killed  at  any  time  in  a  manner  or  for  a  purpose,  or  had  in  possession  or  under 
control,  have  been  shipped  or  about  to  be  shipped,  contrary  to  any  of  the  laws  m 
this  state;  *  *  *  Any  court  having  jurisdiction  of  the  offense,  upon  receiving 
proof  of  probable  cause  for  believing  in  the  concealment  of  any  bird,  animal,  or  fish, 
caught,  taken,  killed,  had  in  possession,  under  control  or  shipped,  or  about  to  bl 
shipped,  contrary  to  the  law,  shall  issue  a  search  warrant,  and  cause  a  search  to  be 
made  in  any  place,  and  to  that  end  may,  after  demand  and  refusal,  cause  any  build- 
ing, inclosure,  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker,  crate, 
basket,  or  package  to  be  broken  open  and  the  contents  thereof  examined  by  any  said 
sheriff,  deputy  sheriff,  constable,  or  warden.  All  birds,  animals,  or  fish,  or  nets,  oi 
fishing  appliance  or  apparatus,  seized  by  any  sheriff,  deputy  sheriff,  constable,  or 
warden  shall  be  disposed  of  in  such  manner  as  may  be  directed  by  the  court  before 
whom  the  offense  is  tried,  and  such  sheriff,  deputy  sheriff,  constable  or  warden  shall 
not  be  liable  for  damages  on  account  of  any  search,  examination,  or  seizure,  or  the 
confiscation  of  any  nets  or  fishing  appliance  or  apparatus  of  any  kind  in  accordance 
with  the  provisions  of  this  act. 

Moiety  of  fines:  Sec.  4.  Any  sheriff,  deputy  sheriff,  constable,  or  warden,  as 
informer  or  prosecutor,  upon  the  arrest  and  prosecution  of  any  offender  to  conviction 
under  the  provisions  of  this  act,  shall,  in  addition  to  the  fees  to  which  he  may  be 
entitled  under  existing  laws,  be  entitled  to  receive  one  third  of  the-  money  collected 
as  fines  in  such  action. 

Jurisdiction;  Returns  of  violations:  Sec.  5.  Each  of  the  said  sheriffs,  deputy 
sheriffs,  constables,  or  wardens  shall,  for  the  purpose  of  this  act,  have  concurrent 
jurisdiction  throughout  his  own  proper  county;  and  they  shall  in  the  first  week  in 
each  term  of  the  circuit  court  of  their  respective  counties,  make  special  returns  to 
said  court,  under  oath,  of  all  violations  occurring  in  their  respective  counties  or 
districts,  or  which  may  come  or  be  brought  to  their  notice,  of  any  of  the  provisions 
of  any  law  now  in  force,  or  that  may  hereafter  be  enacted  for  the  protection  of  the 


OBEGOB       I'l  \  n>\  i.\  \M  \. 

ts  and  timh'»r  lands,  pune,  and  ii-li:  and  it  shall  be  the  dot)  "i  the  jud 
court  t->  see  thai  such  returni  are  faithful!)    made,  and  anj   sheriff,  deputy 
sheriff,  constable,  or  warden  wilfully  neglecting  or  refusing  to  make  such  retui 
nse  undei  i  of  which  he  shall  have  persona]  knov  1< 

which  he  shall  have  notice  in  writing  by  any  citizen,  giving  the  name  of  the 
offender,  together  with   the  names  of  the   witm  11.    deemed  guilt 

ineanor,  and  upon  conviction  thereof  shall  be  sentenced  to  pays  fine  oi 
.in  imprisonment  in  the  county  jail  of  two  months,  both  or  eithi 
the  discretion  of  tin-  court. 
Approved  February  19,  1903 

Laws  of  1905.  (hap.  904,  p.  336. 

Disposition  of  hunting' license  fees;  Fines:  Si  All  moneys  BOCol- 

for  resident  and  nonresident  hunting  licenses]  by  the  county  clerk  shall,  at  leasl 

once  in  every  three  months,  be  f< irwarded  to  and  depi sited  with  tin-  Btate  Treasurer, 

and  be  placed  to  the  credit  oi  the  fund  for  the  protection  of  game  and  game  fish,  and 

shall  be  used  as  authorized  by  law  by  the  state  Game  and  Forestry  Warden,  or  such 

other  officer  or  officers  as  may  he  vested  with  authority  to  enforce  the  lawa  of  this 

for  the  protection  of  game  or  game  fish  within  the  State.     All  fines  collected 

Under  the  provisions  of  this  act  [establishing  resident  and  nonresident  licenses]  shall 

aid  to  the  State  Treasurer,  and  shall  be  placed  by  him  in  said  game  protection 

fund  and  be  used  for  the  protection  of  game  and  game  fish. 

Approved  February  21,  1905. 

PENNSYLVANIA. 

Laws  of  1895,  No.  187,  p.  273. 

Game  commissioners;  Compensation:  Sec.  1.  He  it  enacted,  etc  That  the 
<  lovernor  of  the  Commonwealth  is  hereby  authorized  and  required  to  appoint,  sub- 
ject to  the  approval  of  the  Senate.  six  competent  citizens  of  this  State  to  be  and  act 
is  a  Board  of  Game  Commissioners,  no  two  of  whom  shall  he  from  the  same  Sena- 
torial district,  [term  :>  years,  no  compensation]     *     *     * 

Office;  Meetings;  Statistics;  Reports:  Sec.  2.  The  Board  of  Game  Commis- 
sioners shall  have  an  office  in  the  Capitol,  at  Harrisburg,  Pennsylvania,  and  shall 
hold  meetings  at  such  office  on  the  first  Thursday  of  January  and  July,  and  at  such 
other  times  and  places  within  the  State  as  the  commissioners  shall  appoint  for  the 
transaction  of  business.  It  shall  he  the  duty  of  said  board  to  protect  and  preserve 
.■.me,  song  and  insectiverous  birds  and  mammals  of  the  State,  and  to  enforce, 
by  proper  actions  and  proceedings,  the  laws  of  this  Commonwealth  relating  to  the 
It  shall  be  the  duty  of  said  hoard  to  collect,  classify  and  preserve  all  such 
Statistics,  data  ami  information  as.  in  their  judgment,  will  tend  to  promote  the  objects 
of  this  act,  to  take  charge  of  and  keep  all  reports,  hooks,  papers  and  documents 
which  shall,  in  the  discharge  of  their  duties  hereunder,  come  into  their  possession 
or  under  their  control.  It  shall  be  the  duty  of  said  hoard,  on  or  before  the  first 
Monday  in  December  of  each  year,  to  prepare  and  present  to  the  Governor  of  this 
State  an  annual  report  showing  what  has  been  done  by  them  during  the  current 
\eai-.  the  amount  received  by  them  and  from  what  sources,  and  the  amount  expended 
by  them  and  for  what  purposes,  with  such  recommendations  for  legislative  action,  if 
any,  as  the  said  hoard  may  deem  wise  for  the  better  accomplishment  of  this  act. 
The  Governor  shall  lay  said  reports  heforethe  legislatures  convening  next  after  their 
receipt. 

Game  protectors;  Chief  protector;  Bond  :  Sac.  3.  The  Board  of  Game  Com- 
missioners shall  have  the  power  and  authority  to  appoint  ten  (10)  competent  men 
whose  powers  and  duties  are  hereinafter  defined  and  who  shall    be  known   as  game 


234  GAME    COMMISSIONS    \SD    WARDENS. 

protectors.  The  said  board  shall,  from  time  to  time,  designate  one  of  such  protectors 
as  chief  protector  who  shall  remain  such  during  the  pleasure  of  the  board  and  who 
shall  have  the  direction,  supervision  and  control  of  the  other  protectors.  The  chief 
game  protector  shall  be  secretary  to  the  Board  of  Game  Commissioners  and  shall 
occupy  as  his  permanenl  headquarters  the  room  assigned  the  Game  Commissioners 
at  the  Capitol  in  Harrisburg. 

The  Chief  Protector  shall  give  a  bond  to  the  Board  of  Game  Commissioners  with 
securities  in  the  sum  of  one  thousand  dollars  and  each  of  the  other  protectors  a  bond 
with  securities  in  the  sum  of  five  hundred  dollars,  conditioned  for  the  faithful 
discharge  of  his  duties,  such  bond  to  be  approved  by  the  commissioners.     *    *    * 

Powers ;  Record  ;  Report ;  Compensation :  Sec.  4.  Game  protectors  so 
appointed  shall  hold  office  during  the  pleasure  of  the  Board  of  Game  Commissioners, 
which  may  summarily  remove  any  of  their  number  and  appoint  another  in  his  place. 
The  game  protectors  shall  enforce  all  the  game  laws  of  the  State  and  the  provisions 
supplementary  thereto,  and  shall  have  full  power  to  execute  all  warrants  and  search 
warrants  issued  for  the  violation  of  the  game  laws,  and  to  serve  subpoenas  issued 
for  the  examination,  investigation  or  trial  of  all  offenses  against  said  laws;  each  pro- 
tector shall  keep  a  record  of  his  official  acts,  receipts  and  expenditures  and  at  the 
close  of  each  month  make  a  summary  of  such  record,  with  such  statements  in  detail  as 
shall  be  necessary  for  the  information  of  his  chief,  and  report  the  same  to  the  chief 
protector  under  oath.  The  chief  protector  shall  report  to  the  Board  of  Commissioners 
any  negligence  or  dereliction  of  duty  or  incompetency  on  the  part  of  any  of  the  pro- 
tectors, with  the  facts  relating  thereto, and  he  shall  report  monthly  to  said  commis- 
sioners the  operations  of  his  department  during  the  preceding  month,  and  shall  make 
such  further  reports  as  may  be  required  by  the  Board  of  Commissioners:  Provided, 
That  no  commissioner,  protector  or  other  officer  authorized  by  this  act  shall  claim 
or  receive  any  compensation  for  his  services  or  for  expenses  incurred  in  the  discharge 
of  his  duties. 

Approved  June  25,  1895. 

Laws  of  1878,  No.  160,  p.  160. 

Prime  facie  evidence:  Sec  33.  In  all  cases  of  arrest  made  for  the  violation  of 
each  or  any  of  the  foregoing  sections  of  this  act  [prohibiting  use  of  big  or  swivel  guns, 
hunting  pheasants  or  grouse  at  night,  and  Sunday  hunting  «],  the  possession  of  the 
game,  fishes,  birds,  animals,  fowls,  hets  or  other  devices  provided  for,  or  so  mentioned, 
shall  be  prime  facie  evidence  of  the  violation  of  said  act. 

Arrest;  Disposition  of  fines;  Limitation;  Imprisonment:  Sec  34.  Any  justice 
of  the  peace  or  alderman,  upon  information  or  complaint  made  before  him,  by 
the  affidavit  of  one  or  more  persons,  of  the  violation  of  the  provisions  of  this  act  by  any 
person  or  persons,  is  hereby  authorized  and  required  to  issue  his  warrant,  under  his 
hand  and  seal,  directed  to  any  constable,  police  officer  or  warden,  to  cause  such  person 
or  persons  to  be  arrested  and  brought  before  said  justice  or  alderman,  who  shall  hear 
and  determine  the  guilt  or  innocence  of  the  person  or  persons  so  charged,  and  if  con- 
victed of  said  offense  or  offenses,  shall  be  sentenced  to  pay  the  fine  or  fines,  penalty 
or  penalties,  attached  to  such  violation,  together  with  costs,  one-half  of  which  penal- 
ties shall  go  to  the  informer,  and  the  remaining  one-half  shall  be  forthwith  paid  to 
the  treasurer  of  the  county  in  which  the  offense  was  committed;  and  it  shall  be  the 
duty  of  said  treasurer  to  distribute  said  fund  so  arising  at  the  close  of  each  year  to 
the  various  school  districts  in  said  county,  in  proportion  to  the  number  of  taxables 
in  said  districts:  Provided,  That  said  conviction  shall  be  had  within  one  year  from 
the  time  of  committing  the  offense:  And  provided   further,  That  the  defendant  on 


'Other  sections  of  this  act  seem  to  be  superseded  by  subsequent  legislation. 


I '  I  \  \  >  \  I  \  \  \  I  \ . 

refusing  to  pay  said  penalt}  -h.ill  be  committed  to  th<-  common  jail  of  the  county 

period  of  not  leas  than  one  da j   for  each  dollar  of  penalt}  imposed,  unless  the 

defendant  enters  into  recognizance  with  one  or  more  sufficient  to  answer 

-aid  complaint  on  ■  charge  of  m  miademeanor,  before  the  quartet  I  the 

i if  tin-  count)  in  which  tin-  offense  is  coi itted,  which  court,  on  conviction 

of  the  defendant  of  the  offense  charged,  and  failure  to  pa}  the  penaltj  or  penalties 
imposed  b\  this  act,  together  with  coats,  shall  commit  said  defendant  to  the  com- 
mon jail  of  the  count}  for  a  period  of  not  lesstha le day  for  each  dollar  of  penalty 

imposed. 

Arrest;  Search;  Jurisdiction:  Sac.  36.  \n\  judgeof  the  court  of  quarter  see 
sions  of  the  peace,  or  any  alderman,  justice  of  the  peace,  or  police  or  other  magis- 
eiving  sufficient  proof  by  affidavit,  that  any  of  the  provisions  of  this 
art  have  been  violated,  by  any  person  being  temporarily  within  his  jurisdiction,  but 
not  residing  there  permanently,  or  by  any  person  whose  name  and  residence  were 
unknown,  or  by  any  permanent  resident  or  citizen,  is  hereby  authorized  and 
required  to  issue  his  warrant  for  the  arrest  of  such  person,  and  to  cause  him  to  be 
committed  or  held  to  bail  to  answer  the  charge  against  him;  and  any  such  justice  or 
magistrate,  upon  receiving  proof  or  probable  cause  for  believing  in  the  concealment 
of  any  game  or  fish  mentioned  in  this  act  during  any  of  the  periods  prohibited,  shall 
bis  search  warrant  and  cause  Bearch  to  be  made  in  any  Ik. use,  market,  boat, 
car.  vehicle  or  building;  all  courts  of  quarter  sessions  are  hereby  invested  with  juris- 
diction to  try  and  dispose  of  all  and  any  of  the  offenses  against  the  provisions  of  this 
act  occurring  in  the  same  county. 

Costs:  Sec.  37.  Whenever  any  officer  or  constable  making  complaint  of  the  vio- 
lation of  any  of  the  provisions  of  this  act  shall  fail  to  recover  the  penalty  or  penalties 
therein  mentioned  in  any  prosecution  or  suit  commenced  by  him  <>r  them  pursuanl 
t<>  the  foregoing  sections  of  this  act,  the  costs  of  suit  incurred  by  him  or  them  shall 
be  a  charge  upon  the  propeT  county,  and  shall  be  audited  and  allowed  as  other 
county  charges  are  audited  and  allowed. 

Limitation:  Sec.  39.  All  actions  for  violation  of  the  provisions  of  this  act,  except 
where  otherwise  therein  directed,  shall  be  brought  within  one  year  from  the  time 
such  violation  was  committed. 

Laws  of  1897,  No.  103,  p.  123. 

Prima  facie  evidence:  Sec.  8.  [Possession  of  a  ferret  is  prima  facie  evidence  of 
intent  to  use  it  in  hunting  rabbits  in  violation  of  law.] 

Limitation;  Proceedings;  Disposition  of  penalties;  Fund;  Imprisonment: 
Sbc.  12.  All  actions  for  violation  of  any  of  the  sections  of  the  provisions  of  this  act  ■' 
shall  he  commenced  within  one  year  from  the  time  BUCh  violation  was  committed, 
and  any  magistrate,  justice  of  the  peace  or  alderman,  upon  information  or  complaint 
made  before  him  by  the  affidavit  of  our  or  more  persons  of  the  violation  of  any  of 
the  provisions  of  this  act  by  any  person  or  persons,  is  hereby  authorized  and  required 
to  issue  his  warrant  under  his  hand  and  seal  directed  to  any  constable,  police  officer, 
frame  protector  or  game  warden,  to  cause  such  person  or  persons  to  be  arrested  and 
brought  before  said  magistrate,  justice  of  the  peace  or  alderman,  who  shall  hear  and 
determine  the  guilt  or  innocence  of  the  person  or  persons  so  charged,  and  if  convicted 
of  said  offense  or  offenses,  said  person  or  persons  shall   be  sentenced  t<»  pay  the  tine 


Prohibiting  killing  deer  in  water-  of  stream-,  ponds  and  lakes;  export  of  all 
game:  use  of  ferrets  in  hunting  rabbits;  taking  name  in  any  other  manner  than  by 
shooting  with  a  nun;  setting  or  preparing  any  trap,  snare,  net.  swivel  gun.  doer  lick, 
pit-fall  and  turkey  blind  or  pen  for  any  game,  or  use  of  artificial  light,  battery  or 
other  deception;  and  destruction  of  nests  and  eggs  of  game  birds.  <  »ther  provisions 
of  this  act  seem  to  he  superseded  by  subsequent  legislation. 


236  «.\.MK    COMMISSIONS    AND    WABDENS. 

or  lines,  penalty  or  penalties  attached  to  such  violation,  together  with  costs, -one-half 
of  which  penalty  shall  go  to  the  informer,  and  the  remaining  one-half  shall  be  forth- 
with paid  to  the  treasurer  of  the  county  in  which  the  offense  was  committed;  and  it 
shall  be  the  duty  of  the  said  treasurer  at  the  end  of  each  month  to  forward  the  fund 
so  arising  to  the  State  Treasurer  to  be  kept  by  the  latter  as  a  fund  separate  and  apart 
for  the  use  of  the  Board  of  (Tame  Commissioners,  and  to  be  drawn  out  upon  warrant 
signed  by  the  president  of  the  ( lame  Commissioners  and  the  Auditor  General:  Pro- 
vided, That  any  defendant  on  refusing  to  pay  said  penalty  shall  be  committed  to  the 
common  jail  of  the  county  for  a  period  of  not  less  than  one  day  for  each  dollar  of 
penalty  imposed,  unless  that  defendant  enter  into  recognizance  with  one  or  more 
sufficient  securities  to  answer  said  complaint  on  a  charge  of  a  misdemeanor  before 
the  quarter  sessions  of  the  peace  of  the  county  in  which  the  offense  is  committed, 
which  court,  on  conviction  of  the  defendant  of  the  offense  charged  and  failure  to  pay 
the  penalty  imposed  by  this  act,  together  with  the  costs,  shall  commit  said  defendant 
to  the  common  jail  of  the  county  for  a  period  of  not  less  than  one  day  for  each  dollar 
of  penalty  imposed. 

Approved  June  4,  1897. 

Laws  of  1899,  No.  14,  p.  17. 

Peace  officers:  Sec  1.  *  *  *  That  from  and  after  the  passage  of  the  act  the 
constables  of  the  various  wards,  boroughs  and  townships  of  the  Commonwealth  shall 
be  ex-officio  fire,  game  and  fish  wardens. 

Arrest;  Trial;  Sunday:  Sec.  2.  It  shall  be  the  duty  of  said  fire,  game  and  fish 
wardens  to  enforce  all  statutes  of  this  State  now  in  force,  or  that  may  hereafter  be 
enacted,  for  the  protection  of  forests  and  timber  lands  from  fire,  and  for  the  protec- 
tion and  propagation  of  game,  game  birds,  game  animals,  song  and  insectivorous 
birds,  and  fish,  and  said  constables  or  wardens  shall  have  authority  to  arrest  without 
warrant  any  person  or  persons  caught  by  them  in  the  act  of  violating  any  of  the 
aforesaid  laws  for  the  protection  of  forests  and  timber  lands,  game,  and  food  and 
game  fish,  and  take  such  person  or  persons  forthwith  before  a  justice  of  the  peace  or 
other  magistrate  having  jurisdiction,  who  shall  proceed  without  delay  to  hear,  try 
and  determine  the  matter.  Such  arrests  may  be  also  made  on  Sunday,  in  which  case 
the  person  or  persons  arrested  shall  be  taken  before  the  proper  officer,  and  proceeded 
against  as  soon  as  may  be  on  a  week  day  following  the  arrest. 

Search;  Seizure;  Disposition  of  seized  game;  Nonliability:  Sec  3.  Said  con- 
stables or  wardens  shall  have  power  without  warrant  to  search  and  examine  any 
boat,  conveyance,  vehicle,  fish  box,  fish  basket,  game  bag  or  game  coat,  or  other 
receptacle  for  game  or  fish,  when  they  have  good  reason  to  believe  that  any  of  the 
laws  for  the  protection  of  forests  and  timber  lands,  game  and  fish,  have  been  violated: 
and  the  said  constables  shall  at  any  time  seize  and  take  possession  of  any  and  all 
birds,  animals  or  fish,  which  have  been  caught,  taken  or  killed  at  any  time,  in  a 
manner  or  for  a  purpose,  or  had  in  possession  or  under  control,  have  been  shipped 
or  are  about  to  be  shipped,  contrary  to  any  of  the  laws  of  this  State.  Any  court 
having  jurisdiction  of  the  offense,  upon  receiving  proof  of  probable  cause  for  believ- 
ing in  the  concealment  of  any  bird,  animal  or  fish,  caught,  taken,  killed,  had  in 
possession,  under  control  or  shipped,  or  about  to  be  shipped,  contrary  to  law,  shall 
issue  a  search  warrant  and  cause  a  search  to  be  made  in  any  place,  and  to  that  end 
may.  after  demand  and  refusal,  cause  any  building,  enclosure  or  car  to  be  entered, 
and  any  apartment,  chest,  box,  locker,  crate,  basket  or  package,  to  be  broken  open 
and  the  contents  thereof  examined  by  said  constable.  All  birds,  animals  or  fish,  or 
nets,  or  fishing  appliance,  or  apparatus,  seized  by  any  constable  or  warden,  shall  be 
disposed  of  in  such  manner  as  may  be  directed  by  the  court  before  whom  the  offense 
is  tried,  and  such  constable  or  warden  shall  not  be  liable  for  damages  on  account  of 


:in\  such  search,  examination  or  seiaure,  "i   the  destruction  of  am    netu  or  Antiing 
apparatus  of  an)  kind  in  accordance  \\  ii  li  the  provisions  ol  thin  i 

l"  r  conviction    Sue.  4    Am  constable  or  warden,  upon  the  arrest  and  pros 

ecution  of  an)  offender  to  conviction  under  the  pro^  isions  of  this  act,  shall,  in  addi- 
tion to  the  ir<-  i. >  w  1 1 i.h  1 1«>  may  be  eu titled  under  existing  laws,  be  paid  for  hi- 
sen  ices  the  Bum  of  ten  dollars  on  ■  warrant  drawn  by  the  county  commit 
the  county  treasurer,  one-half  of  which  shall  be  paid  out  of  the  treasury  of  the 
live  county,  ami  the  remaining  half  of  said  reward  shall  b  •  paid  bj  the  State 
irer  into  the  treasury  of  said  county,  out  of  moneys  not  otherwise  appropriated, 
upon  warrant  from  the  Auditor  General,  but  no  such  warrant  shall  be  drawn  until 
the  respective  county  commissioners  Bhall  baveflrsl  furnished,  under  oath,  to  the 
Auditor  General,  a  written  itemized  statement  of  Btich  expense,  and  until  the  same 
Is  approved  by  tin-  Auditoi  <  teneral:  Pro  ided,  That  no  county  Bhall  l>"  Liable  to  pay 
for  tins  purpose  in  any  one  year  an  am. >imt  exceeding  five  hundred  dollars. 

Jurisdiction;  Special  returns:  Sbc.  5.  Bach  <>t"  said  constables  or  wardens 
shall,  forthe  purpose  of  this  act,  have  concurrent  jurisdiction  throughout  his  own 
proper  county;  and  they  shall  in  the  firsl  week  in  each  term  of  the  courl  of  quarter 
sessions  of  their  respective  counties  make  special  returns  to  said  court,  under  oath, 
of  all  violations  occurring  in  their  respective  townships,  or  which  may  come  or  be 
brought  to  their  notice,  of  any  of  the  provisions  of  any  law  now  ill  force,  or  that 
may  hereafter  be  enacted,  for  the  protection  of  forests  and  timber  land-,  game  and 

Bah;  and  it  shall    be  the  duty  of  the  judge  of  said  court  to  see  that  such  returns  are 

faithfully  made,  and  any  constable  or  warden  wilfully  neglecting  or  refusing  to  make 
such  return-,  or  to  prosecute  any  offense  under  said  laws  of  which  he  shall  have 
.al  knowledge,  or  of  which  he  shall  have  notice  in  writing  by  any  citizen. 
giving  the  name  of  the  offender  together  with  the  names  of  the  witnesses,  shall  he 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be  sentenced  to  pay  a  tine  of 
fifty  dollars,  or  to  undergo  an  imprisonment  in  the  county  jail  of  two  months,  both 
or  either,  at  the  discretion  of  the  court. 
Approved  March  22,  L899. 

Laws  of  1901,  No.  173,  p.  266. 

Arrest;  Sunday:  BBC.  1.  Be  it  enacted,  &C.,  That  from  and  after  the  passag 
this  act  the  game  protector^  *  *  *  shall  have,  in  addition  to  the  powers  con- 
ferred upon  them  by  said  act  [of  1895],  the  authority  to  arrest  without  warrant  any 
l  or  persons  found  by  them  in  the  act  of  violating  any  of  the  laws  of  this  Com- 
monwealth now  in  force,  or  that  may  hereafter  he  enacted  for  the  protection  of  game, 
of  Bong  and  of  insectivorous  birds,  and  take  such  person  or  persons  forthwith  before 
a  justice  of  the  peace  or  other  magistrate  having  jurisdiction,  w  ho  .-hall  proceed  with- 
out delay  to  hear,  try  and  determine  the  matter:  such  arrest  may  also  he  made  on 
Sunday,  in  which  case  the  person  or  persons,  bo  arrested,  for  safe  keeping  may  he 
committed  to  the  jail  f<»r  that  day.  l>ut  .-hall  he  taken  before  the  proper  magistrate 
and  proceeded  against  as  - i  as  may  be  on  a  week  day  following  the  arrest. 

Search;  Seizure;  Disposition  of  goods  seized;  Nonliability:  Sbc.  2.  Said 
game  protectors  shall  have  power,  without  warrant,  to  search  and  examine  any  boat, 
conveyance,  vehicle,  game-bag,  game-COat,  or  other  receptacle  for  game,  when  they 
have  good  cause  to  believe  that  any  of  the  laws  of  this  Commonwealth  for  the  pro- 
tection of  game,  of  Bong  or  of  insectivorous  birds,  have  been  violated;  and  the  said 
game  protectors  shall,  at  any  and  all  times,  have  the  right  to  seize  and  take  possession 
of  any  and  all  hirds  or  animals  which  have  been  caught,  taken  i  »r  killed,  at  any  time. 
in  a  manner  or  for  a  purpose,  or  had  in  possession  or  under  control,  have  been 
shipped  or  about  to  be  shipped,  contrary  to  any  of  the  laws  of  this  ( lommonwealth. 
Any  court  having  jurisdiction  of  the  offense,  upon   receiving  proof  of  the  probable 


238  GAME    COMMISSIONS    AND    WARDENS. 

cause  for  believing  in  the  concealment  of  any  bird  or  animal  caught,  taken,  killed, 
had  in  possession,  under  control,  shipped  or  about  to  be  shipped,  contrary  to  any 
law  of  this  Commonwealth,  shall  issue  a  search  warrant,  and  cause  a  search  to  be 
made  in  any  place;  and  to  that  end  may,  after  demand  and  refusal,  cause  any  build- 
ing, enclosure  or  car  to  be  entered,  and  any  apartment,  chest,  locker,  box,  trunk, 
•  rate,  basket,  bag  or  package,  to  be  broken  open  and  the  contents  thereof  to  be 
examined  by  said  protector.  All  birds  or  animals;  classed  as  game,  found  therein  in 
violation  of  law,  shall  lie  seized  by  the  protector  making  the  search,  who  shall,  as 
soon  as  may  be  thereafter,  forward  said  game  to  the  nearest  hospital,  for  the  use  of 
the  sick  or  injured  therein;  the  bodies  or  parts  of  bodies  of  all  song  or  insectivorous 
birds,  so  taken,  shall,  unless  needed  for  evidence,  be  destroyed;  all  guns,  gunning 
appliances,  shooting  apparatus,  trap  or  gunning  apparel,  found  in  said  receptacle  or 
receptacles,  where  the  search  warrant  is  issued  against  a  non-resident,  shall  be  seized 
by  said  protector,  and  held,  subject  to  the  payment  of  the  maximum  penalty  attached 
by  law  to  the  offense  charged,  and  the  costs  of  prosecution;  said  goods  to  be  sold  at 
public  auction,  after  the  lapse  of  twenty  days  from  the  date  of  seizure,  and  failure  of 
the  reputed  owner  to  appear  and  defend  himself  against  the  charges  preferred;  and 
such  game  protector  or  protectors  shall  not  be  liable  for  damages  on  account  of  any 
arrest,  search,  examination,  seizure  or  sale,  made  in  accordance  with  the  provisions 
of  this  act. 

Obtaining-  evidence;  Disposition  of  game  thus  used:  Sec.  3.  Any  of  the  game 
protectors  of  this  State  shall  have  the  right  for  the  purpose  of  securing  evidence 
wherewith  to  convict  of  violations  of  the  game  law,  to  purchase  or  sell  game,  the 
purchase  or  sale  of  which  is  otherwise  forbidden,  and  shall  not  be  liable  to  any  of 
the  fines  or  penalties  imposed  by  law  for  the  purchase  or  sale  of  game.  All  game 
remaining  in  the  hands  of  a  protector,  after  the  purpose  for  which  it  was  procured 
shall  have  been  accomplished,  shall  be  forwarded  to  the  nearest  hospital  for  the  use 
of  the  sick  or  injured  therein. 

Resisting  officers;  Aid  for  officers:  Sec.  4.  Any  person  or  persons  interfering 
with  anv  of  the  game  protectors  of  this  Commonwealth  in  the  discharge  of  their 
duties,  or  resisting  arrest,  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  for  a  period  of  one  day  for  each  dollar  of  penalty 
imposed.  Any  game  protector  is  hereby  authorized  to  call  to  his  aid  any  citizen  or 
citizens  of  this  Commonwealth,  for  assistance  as  needed  in  making  an  arrest. 

Compensation:  Sec.  5.  That  the  game  protectors,  so  appointed,  shall  receive 
salary  or  pay  per  day,  as  may  be  agreed  upon  by  the  Game  Commission,  with 
expenses  not  to  exceed  two  dollars  per  day  outside  of  traveling  expenses;  said  expense 
account  to  be  itemized  and  presented  under  oath.  *  *  *  Provided,  That  the 
combined  expense  accountof  the  Game  Commission  shall  not  exceed  the  amount  set 
apart  by  law  to  their  use. 

Approved  May  21,  1901. 

Laws  of  1901,  No.  308,  p.  612. 

Trespass:  Sec  1.  Be  it  enacted,  &c.,  That  on  and  after  the  passage  of  this  act, 
any  person  or  persons  trespassing  on  any  cultivated  lands  in  this  Commonwealth, 
for  the  purpose  of  hunting  and  trapping  and  taking  therefrom  any  game  birds  or 
game  animals,  after  public  notice  by  the  owner,  lessee  or  occupant  thereof,  such 
notice  to  be  posted  on,  and  adjacent  to  such  cultivated  lands,  shall  be  guilty  of  wil- 
ful trespass,  and  in  addition  to  the  damages  recoverable  by  law  shall  be  liable  to  the 
owner,  lessee,  or  occupant  in  a  penalty  not  exceeding  five  dollars  for  each  and  every 
such  offense. 

Arrest;  Trial:  Sec  2.  Any  justice  of  the  peace  or  alderman,  upon  information  or 
complaint  made  before  him,  by  affidavit,  of  the  violation  of  the  provisions  of  this  act 


p]  NNSY1  \  w  I  \. 

ithorized  an. I  directed  i 
under  hi-  hand  and  -«ak  directed  t«>  :m\  constable  or  warden  "i  tin-  count) 
such  person  or  persons  to  be  arrested  and  brought  before  laid  Justin 
ir  ho  shall  hear  and  determine  tin-  guilt  or  innocence  of  tin-  |*crsori 

i:i.l  if  convicted  of  such  wilful  trespass,  shall  be  sentenced,  bj  such  j 
or  alderman  to  pa)  a  penalty,  not  exceeding  live  doll 

•  such  penalty  shall  be  paid  t.»  the  owner,  ecu  pant  of  s  lid  land  and 

the  remaining  half  to  the  school  district  of  the  city,  borough  or  township  wherein 
Mich  offense  was  committed;  and  it"  the  person  or  persons,  so  convicted  and 
i.  shall  neglect  or  refuse  i<»  pay  Buch  penalty  and  costs,  or  secure  the  paj  i 
thereof  within  ten  days,  he  or  they  Bhall  be  committed  t<>  the  common  jail  of  the 
proper  county  for  n  |>criod  not  exceeding  three  months. 

Appeal:  ."•.   If  am  |>erson  01  }  convicted  and  sentenced  under  the  pro- 

visions t.  shall  feel  a-_rurrie  ved  thereby,  he  or  they  may  appeal  to  the  court 

of  quarter  I  the  peace  for  tin- county  in  which  the  offense  was  committed, 

by  entering  into  recognizance,  with  sun-tic-  to  he  approved  by  tin-  justice  or  alder- 
man, to  app«ar  before  said  court;  which  court  shall  hear  the  evidence  and  determine 
the  guilt  or  innocence  of  tin-  person  or  persons  so  charged,  and  on  conviction  of  the 
defendant  or  defendants  charged  and  a  failure  to  pay  such  penalty  and  cost-  imp.  eed 
by  tin-  act,  shall  commit  said  defendant  <>r  defendants  to  the  common  jail  of  the 
county,  for  a  period  not  exceeding  three  months. 

Approved  July  :».  1901. 

Laws  of  1903.  No.  121,  p.  163. 

Deputy  game  protector;  Compensation;  Bond:  Six.  1.  Be  it  enacted,  Ac., 
That  the  Board  of  Game  Commissioners  shall  have  the  power  and  authority  to 
appoint  one  competent  man  in  each  and  every  county  of  the(  lommonwealth  of  Penn- 
sylvania, to  he  called  and  designated  as  a  deputy  game  protector,  who  shall  have  the 
same  power  and  perform  the  same  duties  as  the  present  game  protectors,  authorized 
by  law,  now  have  and  perform,  and  receive  the  same  compensation  that  constables 
now  receive  for  similar  service:  and  shall,  when  appointed,  give  to  the  Board  of 
Game  Commissioners  a  bond  in  the  sum  of  three  hundred  dollars,  conditioned  for 
the  faithful  discharge  of  his  duty:  such  bond  to  he  approved  by  the  said  Commis- 
sioners. 

Approved  April  11.  1903. 

Laws  of  1903,  No.  136,  p.  178. 

Production  of  license:  Disposition  of  license  fees:  Sk<  .  1.  [Under  tl 
requiring  nonresidents  ami  unnaturalized  foreign  horn  resident  to  procure  a  $10  license 
before  hunting  in  the  State  license  must  he  exhibited  upon  demand  of  any  game 
warden,  protector  or  constable;  one-half  the  fee  is  to  be  retained  by  the  county 
treasurer  for  use  of  the  county  the  other  half  t<>  he  forwarded  by  him  to  the  State 
Treasurer  for  use  of  tin-  Board  of  <  laine  ( lommissioners.] 

Prima  facie  evidence;  Penalty;  Imprisonment:  S»  .  2.  Possession  of  a  gun  in 
the  tields  or  in  the  forest- or  on  the  waters  of  this  Commonwealth,  by  an  unnaturalized, 
foreign-born  resident  or  a  non-resident  of  this  Commonwealth,  without  having  first 
1  the  license  required  by  this  act,  shall  he  prima  facie  evidence  of  a  violation 
of  its  provisions;  and  any  person  so  offending  shall  be  liable  to  a  penalty  of  twenty- 
five  dollars  for  each  offense,  or  in  default  of  the  payment  thereof,  with  the  ©  sts 

ution,  to  suffer  an  imprisonment  in  the  county  jail  for  a  period  of  one  day  for 
each  dollar  of  penalty  imposed,  unless  lie  or  they  enter  into  good  and  sufficient  recog- 
nizance to  pay  said  penalty  and  costs  within  a  period  of  ten  days  from  the  date  of 
conviction,  or  enter  into  recognizance  to  answer  said  complaint,  on  a  charge  of  mis- 
demeanor, before  the  court  of  quarter  sessions  of  the  peace  of  the  county  whet' 


240  GAME    COMMISSIONS     \XI>    WARDENS. 

offense  is  charged  to  have  been  committed;  which  court,  on  the  conviction  of  the 
defendanl  or  defendants,  and  failure  to  pay  the  penalty  or  penalties  imposed,  with 
the  cost  of  prosecution,  shall  commit  the  said  defendant  or  defendants  to  the  jail  of 
the  county  for  a  period  of  one  day  for  each  dollar  of  penalty  imposed. 

Seizure;  Disposition  of  game,  etc.:  Sec.  :>.  All  officers  of  the  Commonwealth 
whose  duty  it  is  to  protect  the  game  of  the  Commonwealth,  shall  have  power  to  seize 
all  guns  and  shooting  paraphernalia,  and  game  in  possession  or  belonging  to  the  sus- 
pected parties,  within  the  Commonwealth.  The  game,  upon  the  conviction  of  the 
parties  so  arrested,  shall  be  forfeited  to  the  State,  and  forwarded  by  said  officer  to 
the  most  convenient  public  hospital,  for  the  use  of  the  sick  or  injured  therein;  and 
the  guns  and  shooting  paraphernalia  held,  subject  to  the  payment  of  the  penalty  or 
.penalties  imposed,  with  the  costs  of  prosecution;  and  in  the  case  of  default  of  the  pay- 
ment thereof  for  a  period  of  five  days  from  the  date  of  conviction,  unless  appeal  be 
taken,  to  advertise  the  same  by  public  handbill,  not  less  than  five  in  number,  con- 
spicuously displayed  in  the  borough  or  township  where  the  conviction  was  secured, 
and  after  the  lapse  of  ten  days  from  the  date  of  advertisement,  to  sell  said  guns  and 
paraphernalia  at  public  auction.  The  fund  thus  realized  shall  be  applied,  first,  to 
the  payment  of  costs  incurred,  then  to  the  payment  of  the  penalty  imposed,  and  the 
remainder,  if  any,  shall  be  returned  to  the  owner  or  owners  of  the  property  so  seized 
and  sold;  Provided,  That  the  fact  that  imprisonment  is  suffered  by  any  person  con- 
victed of  violating  the  provisions  of  this  act,  shall  not  prevent  the  sale  of  all  guns 
and  hunting  paraphernalia  so  seized,  and  the  application  of  the  fund  thus  realized  to 
the  purposes  before  mentioned. 

Approved  April  14,  190M. 

Laws  of  1903,  No.  155,  p.  213. 

Costs:  Sec.  1.  Be  it  enacted,  ccc,  That  from  and  after  the  passage  of  this  act, 
whenever  any  officer  of  this  Commonwealth,  whose  duty  it  is  by  the  laws  of  this 
State  to  protect  our  game,  our  song  or  our  insectiverous  birds,  shall,  in  good  faith, 
bring  suit  for  violation  of  any  of  the  laws  relative  to  these  subjects,  and  for  any  legal 
cause  shall  fail  to  recover  the  costs  of  record,  the  same  shall  be  a  charge  upon  the 
proper  county,  and  shall  be  audited  and  paid  as  costs  of  like  character  in  said  county. 

Approved  April  16,  1903. 

Laws  of  1905,  No.  143,  p.  201. 

Special  deputies;  Compensation:  Sec.  1.  Be  it  enacted,  &c,  That  from  and 
after  the  passage  of  this  act,  the  Board  of  Game  Commissioners  of  this  Commonwealth 
shall  be  empowered  to  appoint,  at  their  discretion,  competent  men  throughout  the 
Commonwealth,  to  be  known  as  special  deputy  game  protectors,  who  in  all  ways 
shall  possess  the  rights  and  powers  now  given  by  law  to  game  protectors,  and  be 
subject  to  all  requirements  and  regulations,  either  of  the  law  or  of  rules  of  the  Board 
of  Game  Commissioners,  controlling  the  action  of  such  game  protectors  in  this  Com- 
monwealth: Provided,  Such  special  deputy  game  protectors  shall  in  no  way  be  entitled 
to  recompense  from  either  the  county  or  Commonwealth  for  services  rendered  or 
expenses  incurred  in  the  performance  of  their  duties. 

Approved  April  18,  1905. 

Laws  of  1905,  No.  180,  p.  248. 

An  Act  to  provide  for  the  protection  and  preservation  of  game,  game  quadrupeds  and  game  birds, 
and  song  and  insectivorous  and  other  wild  birds,  and  prescribing  penalties  for  violation  of  its 
several  provisions. 

Killing  dogs:  Sec  9.  Any  dog  pursuing  or  following  upon  the  track  of  a  deer  or 
fawn,  within  this  Commonwealth,  is  hereby  declared  to  be  a  public  nuisance.  Such 
•  leg  may  be  killed  by  any  person  when  seen  pursuing  or  following  upon  the  track 


PENNSYLVANIA.  "J  11 


Of  a  deer  or  fawn  in  this  Common  wealth ,  01 

e»warden  Beer  of  th<  vhtwe 

doty  it  is  to  protect  an)  of  the  game  of  the  State,  upon  affidavit  being  made  b)  one 

or  more  persons  acquainted  with  the  fa  I  an  officer  authorized  to  administer 

that  said  dog  [is]  in  tin-  habit  of,  or  has  been  wen  or  heard  running  upon  the 

track  of  or  pursuing  anj  deer  or  Eawn  in  thia  C monwealth,  within  ■  period  of  one 

i'r..!n  t hi-  date  of  such  affidavit     •    •    • 

:  Forfeiture  of  guna,  etc:    Sic.  11.   No  person  shall  hunter 
capture  or  kill  in  this  Commonwealth  any  deer  or  fawn,  wild-turkey;  ruff< 
commonly  called  pheasant;  quail,  commonly  called  Virginia  partridge,  or  woodcock, 
for  wages  or  hire,  or  valuable  consideration  of  any  description  w  h  either 

directly  or  indirectl) ;  and  each  day  thus  employed  shall  constitute  :i  separate  offense. 
Each  and  every  person  who  shall  offend  against  any  provision  of  this  section  shall 
Ik-  liable,  upon  conviction,  to  a  penalty  of  twenty-five  dolli  rs  for  each  offense,  and 
forfeit  all  guns  and  shooting  paraphernalia  used  by  him  in  the  commission  of  Buch 
offense,  as  hereinafter  provided. 

Forfeiture  of  boats,  etc.;   Disposition   of  proceeds:  Sac.    17.  All 

guns,  shooting  paraphernalia,  «>r  other  contrivances  or  devio 
whatsoever  description,  used  by  any  person  or  persona  *  *  *  in  violation  of  any 
of  tin-  provisions  of  the  game  laws  of  this  Commonwealth,  shall,  unless  the  fine 
imposed  and  costs  be  paid,  be  forfeited  to  the  Board  of  Game  Commissioners,  who 
shall  destroy  or  sell  the  same,  at  their  pleasure,  and  apply  the  fund  thus  arising  to 
the  purposes  of  their  appointment. 

Prima  facie  evidence:  Si:<\  20.  *  *  *  The  possession  of  the  body  or  skin,  or 
any  j>art  thereof,  of  either  a  game-quadruped  or  a  game  bird,  at  any  time  except 
during  the  open  Beason  for  Mich  game  in  this  State,  and  fifteen  days  thereafter,  shall 
in  every  instance  be  prima  facie  evidence  that  the  same  is  held  or  possessed  in  viola- 
tion of  law. 

Summarv  convictions;  Disposition  of  fines;  Limitation  of  prosecution: 
23.  [As  amended  by  Laws  of  1907,  No.  »»:;.]  Each  and  every  magistrate, 
alderman,  and  justice  of  the  peace  of  this  Commonwealth  shall  have  the  power  of 
summary  conviction  in  all  matters  pertaining  to  the  enforcement  of  any  of  the  pro- 
visions of  this  act;  and  all  actions  for  violation-  of  any  of  .-aid  provisions,  excepting 
where  the  defendant  is  taken  in  the  act  or  in  a  pursuit  immediately  following  said 
act.  shall  be  commenced  by  affidavit  made  within  one  year  of  the  time  of  the  com- 
mission of  such  offense.  Each  and  every  magistrate,  alderman,  or  justice  of  the 
.  on  complaint  made  before  him.  by  tin'  affidavit  of  any  person,  of  a  violation 
of  any  of  the  provisions  of  this  act  by  any  person,  i-  hereby  authorized  and  required 
to  issue  liis  warrant,  under  his  hand  and  seal,  directed  to  any  constable,  police 
officer,  game  protector,  deputy  game  protector,  or  any  other  peace  officer  of  the 
State  whose  duty  it  is  to  protect  the  game  or  wild  birds  of  the  State,  and  to  cause 
such  person  to  he  brought  before  him.  the  Baid  magistrate,  alderman,  or  justice  of 
the  peace,  who  shall  hear  the  evidence  and  determine  the  guilt  <>r  innocence  of  the 
l  charged.  If  the  accused  be  convicted  of  Buch  offense,  he  shall  be  sentenced 
to  pay  the  penalty  prescribed  by  tin-  Bection  violated,  together  with  the  costs  of  suit. 
All  penalties  collected  in  cases  where  the  prosecutor  is  a  game  protector  shall  be 
immediately  surrendered  by  the  court  receiving  the  same  to  such  prosecutor,  who  in 
turn  shall,  as  soon  as  maybe,  either  deliver  or  forward  such  amount  to  the  Secretary 
of  the  Game  Commission,  who  shall  deposit  the  same  in  the  State  Treasury,  for  the 

the  Commonwealth.     "Where  any  other  than  a  game  protector  is  the  pn 
tor,  one-half  of  any  penalty  thus  collected  shall  belong  to  such  prosecutor,  and  shall 
be  paid  to  him  by  the  court  receiving  same,  and  the  remaining  one-half  of  Buch 
penalty  shall   be  forwarded  by  such  court  to  the  county  treasurer  of  the  county  in 


242  GAME    COMMISSIONS    AND    WARDENS. 

which  the  offense  was  committed,  together  with  a  statement  of  the  cause  for  which 

said  money  was  collected.  It  shall  be  the  duty  of  each  county  treasurer  to  keep  a 
record  of  the  cause  for  which  said  money  was  collected,  and  to  forward  the  same,  at 
least  once  a  month,  to  the  State  Treasurer,  for  the  use  of  the  Commonwealth.  Any 
defendant  refusing  to  pay  the  penalty  imposed,  together  with  the  costs  of  prosecu- 
tion, shall  be  committed  to  the  common  jail  of  the  county,  for  a  period  of  one  day 
for  each  dollar  of  penalty  imposed,  unless  he  shall  enter  into  good  and  sufficient 
recognizance,  with  one  or  more  sureties,  to  answer  such  complaint,  on  a  charge  of 
misdemeanor,  before  the  court  of  quarter  sessions  of  the  peace  in  and  for  the  county 
in  which  the  offense  was  committed;  which  said  court,  on  the  conviction  of  the 
defendant  of  such  offense,  and  upon  his  failure  to  pay  the  penalty  imposed,  together 
with  the  costs  of  prosecution,  shall  commit  such  defendant  to  the  common  jail  of 
the  county,  for  a  period  of  one  day  for  each  dollar  of  penalty  imposed:  Provided, 
that  any  person  charged  with  a  violation  of  any  provision  of  this  act  may,  at  his  dis- 
cretion, sign  an  acknowledgment  of  the  offense  committed,  and  pay  to  the  duly 
authorized  and  swTorn  game  protector  or  deputy  game  protector  the  penalty  in  full, 
as  fixed  by  the  section  violated,  with  costs  to  that  date;  and  the  printed  receipt 
which  he  shall  receive  therefor,  and  which  in  all  instances  shall  bear  the  imprint  of 
the  seal  of  the  Board  of  Game  Commissioners  and  the  signature  of  its  secretary,  shall 
be  evidence  of  a  full  satisfaction  of  the  offense  committed. 
Approved  April  22,  1905. 

Laws  of  1905,  No.  227,  p.   361. 

An  Act  creating  a  Department  of  State  Police  and  providing  for  appointment  of  officers  and  men. 

Local  officers:  Sec.  5.  The  various  members  of  the  Police  Force  are  hereby 
authorized  and  empowered  to  make  arrests,  without  warrant,  for  all  violations  of  the 
law  which  they  may  witness,  and  to  serve  and  execute  warrants  issued  by  the  proper 
local  authorities.  They  are  also  authorized  and  empowered  to  act  as  forest,  fire, 
game  and  fish  wardens;  and,  in  general,  to  have  the  powers  and  prerogatives  con- 
ferred by  law  upon  members  of  the  police  force  of  cities  of  the  first  class,  or  upon 
constables  of  the  Commonwealth. 

Approved  May  2,  1905. 

Laws  of  1907,  No.  57. 

Wild  fowl;  Forfeiture  of  guns,  etc.:  Sec.  2.  [Prohibits  use  of  any  craft  pro- 
pelled by  any  means  other  than  oars,  poles,  or  hand  paddles  in  hunting  wild  water 
fowl].  Each  and  every  person  who  shall  violate  any  provision  of  this  section  shall 
be  liable  to  a  penalty  of  fifty  dollars  per  day  for  each  day  on  which  any  forbidden 
craft  or  boat  may  be  used  to  hunt  or  pursue  wild  water-fowl,  and  ten  dollars  for  each 
other  contrivance  or  device  set,  placed,  or  carried  contrary  to  the  provisions  of  law. 
All  boats,  decoys,  guns,  shooting  paraphernalia,  or  other  contrivances  or  devices  of 
whatsoever  description,  used  by  any  person  or  persons  in  violation  of  the  provisions 
of  the  game  laws  of  this  Commonwealth,  shall,  unless  the  fine  imposed  and  costs  be 
paid,  be  forfeited  to  the  Board  of  Game  Commissioners,  who  shall  destroy  or  sell  the 
same  at  their  pleasure,  and  apply  the  fund  thus  arising  to  the  purposes  of  their 
appointment. 

Summary  convictions;  Disposition  of  fines;  Limitation  of  prosecution: 
Sec  4.   [Identical  with  sec.  23,  No.  180,  Laws  of  1905.     See  p.  241.] 


RHODE   ISLAND.  248 

RHODE  ISLAND. 
General  Laws.    iHltil.  chap.    11:->-   1'     :; 


tion  of  fines;  Limitation:  Sec.  15,   [As  amended  bj  Laws  ol  1900,  chap. 
All  tines  recovered  h\  virtue  of  this  chapter  Bhall  enure  one-half  thereof  i" 
:  the  state  and  one-half  thereof  t<>  the  use  of  the  complainant,  and  all  pro 
i  therefor  shall  he  commenced  within  ninety  days  after  the  commission  of  the 
ml  not  afterwards. 
Commissioners  of  birds;    Compensation:     Si:<  .  Id.  [A-  amended   by    Law-  oi 
1901,  chap.  809        Hiere  shall  be  five  commissioners  of  birds,  who  Bhall  serve  with- 
out  compensation.     ■     '     *:     At  the  January  session  of  the  general  assembly  in  the 
\.  I».  1902,  and  in  each  third  year  thereafter,  the  governor,  with  the  advice 
onsent  of  the  senate,  shall  appoint  five  persons  to  be  commissioners  of  birds  to 
inmissioners  then  in  office;  and  the  persons  so  appointed  Bhall   hold 
their  offices  until  the  first  day  of  February  in  the  third   year  after  their  appoint- 
ment.   *    *    * 
Complaint;  Search:  Sec.  18.   Whenever  complaint  is  made  on  oath  to  any  mag- 
authorized  to  issue  warrants  in  criminal  cases,  that  the  complainant  believee 
and  has  reasonable  cause  to  believe  thai  the  laws  in  relation  to  birds  have  been  or 
eing  violated  in  any  building  or  place,  such  magistrate,  if  satisfied  that  then-  i- 
lable  cause  for  such  belief,  shall  issue  a  search-warrant  authorizing  any  officer, 
competent  to  serve  a  warrant,  to  search  such  building  or  place;  bul  uq  Bearch  shall 
ade  after  sunset,  unless  specially  authorized  by  the  magistrate  upon  satisfactory 
shown. 

Chap.  113,  p.  383. 

OF    FERRETS,   WEASELS,    SARES     \M>   GRAY    SQUIRRELS. 

Disposition  of  fines:  Sec.  1.    [As   amended  in   1905.     Provides  a  close  season 
res,  and  gray  squirrels  from  Jan.   1   to  Nov.  1;  a  line  of  |20  for  each 
animal,  one-half  of  fine  to  be  paid  to  complainant  and  one-half  to  state.] 

Arrest:  Sec.  4.   [Added  by  Law-  of  1899,  chap.  684.]     It  shall  be  the  duty  of  the 
commissioners  of  birds  and  their  deputies    *    *    *    to  enforce  the  provisions  of  this 
chapter  and  to  prosecute  every  person  who  shall  violate  the  same.     They  shall  have 
■  to  arrest,  without  warrant,  every  person  whom   they  shall  find  pursuing  with 
intent  to  kill,  taking  or  killing,  or  having  in  his  possession  any  undomesticated  rabbit, 
hare  or  gray  squirrel  contrary  to  the  provisionsof  this  chapter:    Provided,  that  any  per- 
arrested  without  warrant  shall  not  be  detained  longer  than  twelve  hours. 
Nonliability:  Sec  5.    Whenever  complaint   is  made   by  said  commissioner - 
either  of  them,  or  by  their  deputies  of  any  violation  of  the  provisions  of  this  chapter, 
they  shall  not  be  required  either  by  themselves  or  by  their  deputies  to  furnish  surety 
or  be  liable  for  costs  on  such  complaint.     [I<h] 
Seizure:  Sec.  6.   Any  commissioner  or  his  deputy  may  Beize  without  warrant  any 
undomesticated  rabbit,  hare  or  gray  squirrel  found  in  the  possession  of  any  p 
at  any  time  when  the  killing  of  the  same  is  prohibited  by  law.      [Id.] 

Laws  of  1899,  chap.  678,  p.  119. 

Nonliability:  Sec.  2.  The  commissioners  of  birds  shall  protect  birds  throughout 

the  state,  and  shall  prosecute  every  person  who  shall  violate  any  of  the  laws  of  this 

relating  to  birds.     Whenever  complaint  is  made  by  said  commissioners,  or 

either  of  them,  or  by  their  deputies,  of  any  violation  of  any  of  the  laws  of  this  state 

relating  to  birds,  they  shall  not  be  required,  either  by  themselves  or  by  their  depu- 

furnish  surety  for  costs  on  such  complaint. 

1358-  No.  28—07 17 


244  GAME    COMMISSIONS    AND    WARDENS. 

Deputies;  Arrest:  Sec.  3.  [As amended  by  Laws  of  1903,  chap.  1098.]  Said  com- 
missioners in  their  discretion  may  appoint  any  number  of  deputies,  and  shall  issue 
commissions  under  their  hands  to  said  deputies,  empowering  them  to  execute  the 
duties  of  such  office,  and  shall  record  the  names  of  said  deputies  with  the  secretary 
of  state.  It  shall  be  the  duty  of  every  commissioner  and  deputy  to  enforce  the  laws 
of  this  State  relating  to  birds,  and  they  shall  have  the  power  to  arrest,  without 
warrant,  every  person  whom  they  shall  find  pursuing  with  intent  to  kill,  taking  or 
killing,  birds,  or  who  shall  have  birds  in  his  possession  contrary  to  the  laws  of  this 
state  relating  to  birds:  Provided,  that  any  person  so  arrested  without  warrant  shall 
not  be  detained  longer  than  twelve  hours. 

Seizure:  Sec  4.  Any  commissioner  or  deputy  may  seize,  without  warrant,  any 
birds  found  in  the  possession  of  any  person  at  any  time  when  the  killing  of  such  birds 
is  prohibited  by  law. 

Laws  of  1905,  chap.  1231,  p.  63. 

Disposition  of  fines:  Sec  3.  [Prohibits  sale  of  ruffed  grouse  and  woodcock  at  all 
times;  a  fine  of  S20  for  each  bird,  one-half  to  be  paid  to  complainant  and  one-half  to 
state.  ] 

Disposition  of  fines:  Sec  2.  [Close  season  for  ruffed  grouse,  quail,  and  woodcock 
from  Jan.  1  to  Xov.  1;  a  fine  of  820  for  each  bird;  one-half  to  be  paid  to  complainant 
and  one-half  to  state.  ] 

Laws  of  1907,  chap.  1456,  p.  67. 

Nonresident  license:  Sec  1.  [Requires  nonresidents  to  procure  licenses  before 
hunting]. 

Production  of  license:  Sec  5.  Every  person  holding  a  license  provided  by  this 
act  shall  have  the  same  on  his  person  at  all  times  while  hunting  in  this  state,  and 
shall  present  the  same  for  inspection  to  any  person  demanding  the  same;  and  any 
person  refusing  to  so  present  said  license  for  inspection  upon  demand  shall  be  liable 
to  the  same  penalty  as  if  he  were  hunting  without  such  license.  A  license  shall  be 
good  only  for  the  person  for  whom  it  is  issued.  Any  transfer  or  loan  of  such  license 
shall  carry  a  forfeiture  of  the  same. 

SOUTH  CAROLINA. 
Laws  of  1907,  No.  315,  p.  659. 

Audubon  Society:  Sec  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
South  Carolina,  That  J.  A.  B.  Scherer,  H.  X.  Snyder,  D.  R.  Coker,  Richard  I. 
Manning,  B.  F.  Taylor,  O.  B.  Martin  and  Thomas  F.  Parker,  their  associates  and 
successors,  be,  and  they  are  hereby,  created  a  body  politic  and  corporate  under  the 
name  and  style  of  the  Audubon  Society  of  South  Carolina,  and  by  that  name  and 
style  they  and  their  associates  shall  remain  and  have  perpetual  succession,  with 
power  to  take  and  hold,  either  by  gift,  grant,  purchase,  devise,  bequest  or  otherwise, 
any  real  and  personal  estate  not  exceeding  fifty  thousand  dollars  in  value  for  the 
general  use  and  advancement  of  the  purposes  of  the  said  corporation,  or  for  any 
special  purpose  consistent  with  the  charter,  and  such  property  shall  be  exempt  from 
taxation,  to  make  rules  and  by-laws  not  inconsistent  with  the  laws  of  this  State  for 
its  government  and  for  the  due  and  orderly  conduct  of  its  affairs,  and  for  the  execu- 
tion of  the  powers  herein  conferred,  and  to  change  the  same  from  time  to  time,  and 
to  have  and  use  a  common  seal,  and  to  change  the  same  at  pleasure. 

Officers:  Sec  2.  That  the  officers  of  said  corporation  shall  be  a  President,  Vice- 
President,  Secretary  and  Treasurer,  and  such  other,  officers  as  may  be  fixed  by  the 
by-laws. 


RHODE    [BLAND. 

Objects  rhe  objects  for  which  this  corporation  la  formed  are  to  promote 

among  the  citizenH  of  South  Carolina  a  better  appreciation  of  the  value  of  wild  birds, 
Don-n'ugratory  tish,  and  animals  to  men  and  the  >t at •  • :  i<»  encourage  parent 

instruction  to  children  on  this  subject;  to  stimulate  a  public  sentiment 

(4t  the  dest ruction  of  wild  animals,  non-migratory  fish,  and  wild  birds  and  their 
cure  the  enactment  and  enforcement  (if  proper  and   necessary  laws  for  the 

ction  and  preservation  of  the  wild  birds,  non-migratory  fish,  and  animals  of  the 
to  provide  fort  lie  naming  of  special  officers  and  investing  them  with  necessary 

r,  who  shall  work  under  the  direction  and  control  o!  the  Audubon  Society  of 
Bouth  Carolina,  looking  to  the  rigid  enforcement  of  the  present  game,  non-migratory 

ind  bird  protective  laws  and  such  other  laws  of  like  nature  as  are  herein  and 
may  hereafter  !•<•  enacted;  to  distribute  Literature  bearing  on  these  topics  among  the 
members  of  the  Society  and  other  persons;  and  to  raise  and  provide  funds  for  defraying 
the  necessary  expenses  of  the  Society  in  the  accomplishment  of  the  purposes  herein 
named.  » 

rate  offense;  Prima  facie  evidence:  B»      I.  and    each    bird    or 

game  animal  bo  killed  [in  the  state]  or  taken  or  had  in  possess^  >n,  received  for  trans- 
portation or  transported,  contrary  to  the  provisions  of  this  Act,  shall  constitute  a 

ate  offense.     The  reception  by  any  person  or  corporation  within  this  State  of 

any  such  birds  or  game  for  shipment  to  a  point  beyond  the  limits  of  this  state  shall 

i  idence  that  said  birds  or  game  were  killed  within  the  State  for  the 

purpose  of  conveying  same  beyond  its  limits;  but  the  provisions  of  this  Section  shall 

not  apply  to  common  carriers  into  whose  possession  birds  Or  game  shall  come  in  the 

regular  course  of  their  business  for  transportation  while  they  are  in  transit  through 

State  from  any  place  without  the  State:  *    *    * 

Game  protection  fund;  Production  of  license:  Sec.  3.  The  Clerks 

of  the  Courts  shall  keep  a  record  of  each  license  [non-resident  and  alien]  issued,  in 

a  hook  furnished  by  the  Audubon  Society,  and  shall  make  a  report  to  the  Audubon 

ty  on  the  first  day  of  December  of  each  year,  and  at  the  close  of  the  hunting 

d  in  their  respective  ( bounties,  on  forms  provided  by  said  Audubon  Society,  and 
shall  transmit  at  the  same  time  all  money  receive  d  for  each  license  to  the  Treasurer 
of  the  State  to  constitutea  fund  known  as  the  tli  rame  Protection  Fund,"  which  shall 

id  out  upon  the  order  and  vouchers  of  the  Treasurer  of  the  Audubon  Society, 
who  shall  make  an  annual  report  to  the  Governor  of  South  Carolina,  showing  the 
receipts  and  expenditures  of  the  Society  for  the  year.  Every  non-resident  or  alien 
person  shall  carry  with  him  his  license,  and  shall  upon  demand  exhibit  it  to  any 
warden  or  police  officer,  and  a  refusal  to  so  exhibit  his  license  shall  constitute  an 
Offense  under  this  Section.  The  record  of  licenses  kept  by  the  Clerk-  of  the  Courts 
shall  be  open  at  all  reasonable  hours  to  the  inspection  of  any  person.  Each  day  that 
iny  non-resident  or  alien  shall  hunt  within  the  State  of  South  Carolina  without 
having  procured  the  required  license  shall  constitute  a  separate  offense. 
Treasurer;  Game  wardens:  Sec.  10.  The  Governor  of  the  State  shall,  upon  the 

_>•  of  this  Act,  upon  the  recommendation  of  the  Audubon  Society  of  South  ( laro- 
lina,  appoint  from  time  to  time  bird,  non-migratory  fish,  and  game  warden-,  and  a 
Treasurer  of  the  Audubon  Society,  whose  terms  of  office,  unless  otherwise  provided 
lor,  shall  be  during  good  behavior  or  until  their  successors  are  appointed.  The  <  rov- 
Irnor  shall  issue  a  commission  to  the  Treasurer  of  the  Audubon  Society  and  to  each 

a  appointed  as  a  warden,  and  shall  transmit  su.-h  commission  to  the  office  of 
tiie  Clerk  of  the  Court  for  the  County  in  which  the  prospective  Treasurer  or  bird, 
non-migratory  fish  and  game  warden  is  a  resident.  No  tax  or  fee  shall  be  charged 
Or  collected  for  said  commission.  Any  of  the  said  wardens  may  be  removed  by  the 
Governor  upon  proof  satisfactory  to  him  that  they  are  not  tit  persons  for  said  posi- 
tions. The  compensation  of  said  wardens  shall  be  fixed  and  paid  by  the  Audubon 
Society. 


246  GAME    COMMISSIONS    AND    WARDENS. 

Search.;  Seizure;  Prosecutions;  Fines:  Sec.  11.  A  duly  commissioned  bird  and 
game  warden  is  authorized  upon  making  an  affidavit  before  a  Magistrate  or  in  anv 
Court  of  the  State,  that  there  exists  reasonable  grounds  to  believe  that  birds  or  game 
are  in  possession  of  a  common  carrier  in  violation  of  the  law,  is  authorized  to  procure 
a  search  warrant  and  to  open  and  enter  and  examine  all  cars,  warehouses  and  recep- 
tacles of  common  carriers  in  the  State,  where  they  have  reason  to  believe  any  game, 
taken  of  held  in  violation  of  this  Act.  is  to  be  found  and  seize  the  same.  It  shall  be 
the  duty  or  said  bird  and  game  warden-  to  prosecute  all  persons  or  corporations  hav- 
ing in  their  possession  any  birds,  non-migratory  fish,  or  game  contrary  to  the  bird, 
fish  and  game  laws  of  this  State.  It  shall  be  their  duty  to  see  that  the  bird,  non- 
migratory  fish  and  game  laws  are  enforced  and  to  obtain  information  as  to  all  viola- 
tions of  the  said  bird,  non-migratory  fish  and  game  laws.  All  monies  obtained  from 
fines  or  forfeitures  shall  be  deposited  with  the  State  Treasurer  to  the  credit  of  the 
"Game  Protection  Fund.*' 

Disposition  of  seized  game:  Sec.  12.  Any  bird,  non-nligratory  fish  or  animal 
caught,  taken  or  killed,  shipped,  or  received  for  shipment,  had  in  possession  or  under 
control  by  any  person  or  corporation  contrary  to  the  provisions  of  law,  which  may 
come  into  the  possession  of  the  bird  and  game  wardens,  shall  be  sold  at  auction 
within  the  State,  and  the  bird  and  game  warden  disposing  of  the  same  shall  issue  a 
certificate  to  the  purchaser  certifying  that  the  .-aid  birds,  non-migratory  fish  or 
animals  were  legally  obtained  and  possessed,  and  anyone  so  acquiring  said  birds, 
non-migratory  fish  or  animals  within  this  State  can  have  the  right  to  use  them  as  if 
same  had  been  sold,  killed  or  possessed  in  accordance  with  the  laws  of  this  State. 
The  money  received  from  the  sale  of  such  confiscated  birds,  non-migratory  fish  or 
game  shall  be  forwarded  by  the  game  warden  to  the  Treasurer  of  the  State  and  be 
placed  to  the  account  of  the  "Game  Protection  Fund." 

Wardens;  Oath;  Bond;  Powers:  Sec.  13.  Every  warden  appointed  shall  before 
entering  upon  the  duties  of  his  office  take  and  subscribe  before  the  Clerk  of  the 
County  of  which  he  is  a  resident,  an  oath  to  perform  the  duties  of  said  office, 
together  with  the  oath  prescribed  for  police  officers,  and  shall  execute  a  bond  in  the 
sum  of  one  hundred  dollars  for  the  faithful  discharge  of  his  duties,  and  the  said  oath 
and  bond  shall  be  recorded  by  the  Clerk  in  his  office,  and  the  warden  so  qualified 
shall  possess  and  exercise  all  the  powers  and  authority  held  and  exercised  by  the 
Constable  at  common  law  and  under  the  Statutes  of  this  State.  The  Clerk  shall  not 
charge  more  than  fifty  cents  for  taking  and  recording  said  oath.  The  bird  and  game 
wardens  when  acting  in  their  official  capacity  shall  wear  in  plain  view  a  metallic 
shield  with  the  words  "Bird  and  Game  Warden"  inscribed  thereon. 

Reports:  Sec.  14.  The  bird  and  game  wardens  when  appointed  and  qualified  shall 
work  and  be  under  the  control  and  direction  of  the  Audubon  Society  of  South  Caro- 
lina, and  .-hall  make  reports  in  writing  to  the  Society  as  it  may  require. 

Approved  Feb.  19,  1907. 

Code  of  Laws  1902,  vol.  2,  p.  411. 

Disposition  of  fines:  Sec.  540.  [Prescribes  season  when  deer  may  be  killed  and 
imposes  penalty  for  violation,]  one-half  thereof  shall  go  to  the  informer,  and  the 
other  half  thereof  to  the  use  of  the  said  county. 

Jurisdiction;  Disposition  of  fines;  Conviction:  Sec.  544.  All  of  the  penalties 
and  forfeitures  mentioned  in  the  preceding  Section  [prohibiting  fire  hunting  at  night] 
shall  and  may  be  recovered  before  any  Magistrate  in  the  County  where  any  of  the 
said  offenses  shall  be  committed,  and  when  received  shall  be  divided  and  paid  one- 
half  to  and  for  the  use  of  the  poor  of  the  County  where  the  offense  shall  be  commit- 
ted and  the  other  half  to  the  person  who  will  inform  for  the  same;  and  the  oath  of 
one  credible  witness,  or  the  confession  of  the  party  accused,  shall  be  allowed  as  suf- 


SOUTH  CAROLINA,  •_'  I  , 

Helen t  evidence  to  mnvict  the  offender  bj  everj   Magistrate  before  whom  informa 

shall  !'<•  1 1 1 : i •  1  «•>('. i ii  \  of  the  offense*  aforesaid:  Provided,  That  where  the  owneri 

\  lands  shall  prosecute  for  anj  anlawfnl  hunting  and  ranging  on   In-  or  hei 

lands,  the  oath  of  mich  owner  shall  be  sufficient  evidence  to  convict  the  offender; 

I mt  in  that  ease  the  whole  penalt)  Bhall  go  to  the  use  of  the  j r  of  the  <  lounty. 

Acts  of  1903.     No.  7.r),  p.   L16. 

Prima  facie  evidence:  9  i  l.  [Amending  anact  amending  sec.  48),  vol.  2,  Revised 
Statutes,  1893.]  *  *  That  the  handling,  possession,  control  or  ownership  of 
any  partridge  or  quail,  sold  <>v  offered  for  sale,  or  Bhipped  or  exported,  Bhall  be  prima 
■  videnee  of  a  \  iolation  of  this  Section  [  prohibiting  sale  and  export  of  quail,  deer, 
and  wild  turkey  for  five  years,  ]  and  the  burden  of  proof  Bhall  be  upon  anj  persons 
>..  handling,  possessing,  controlling  or  owning  any  such  partridge  or  quail  to  show 
that  such  partridge  or  quail  was  imported  from  another  State  or  Territory. 

Acts  of  1905,  No.  489,  p.  963. 

County  game  warden:  Sec.  1.  H>  it  enacted  by  the  General  Assembly  of  the  State 
of  South  Carolina,  That  the*  rovernor  -hall,  with  the  advice  and  consent  of  the  Senate, 
appoint  for  each  County  a  game  warden,  whose  duty  it  shall  be  to  see  that  the  law 
for  the  protection  of  game,  name  birds  and  insectivorous  birds  shall  be  strictly 
enforced. 

Road  and  jury  duty:  Sec.  2.  Thai  said  game  warden  Bhall  be  exempt  from  road 
and  jury  dut\ . 

Report:  Sec.  3.  Said  warden  -hall  report  to  each  term  of  the  Court  of  General 
:is  all  violations  of  the  law  for  the  protection  of  game,  game  birds  and  insectiv- 
orous l»ir>l»  and  what  has  been  done  to  punish  the  offenders. 

Approved  March  7.  1905. 

Acts  of  1905,  No.  463,  p.  933. 

An  act  to  preserve  game,  fish,  shell  fish  and  terrapin  in  and  on  the  public  lands  andwateroof  the 

state,  an<l  to  provide  License. 

County  supervisors  and  commissioners;  Inspectors;  Compensation:  S 
1  ounty  Supervisors  and  County  Commissioners  are  charged  with  the  enforce- 
ment of  the  provisions  of  this  Act  in  each  ( 'ounty  (any  citizen,  however,  having  the 
right  to  proceed  upon  any  infraction  thereof  as  in  the  ease  of  any  other  infraction  of 
the  law  I.  Ami  to  that  end,  the  County  Board  of  < 'otninissioners  of  each  ('ounty  he. 
and  they  are  hereby,  authorized  and  empowered  to  put  b  me  competent  person  or 
persons  as  Inspector  or  Inspectors,  who  shall  be  charged  with  the  enforcement  of 
this  Act  in  their  respective  Counties,  and  who  shall  receive  such  compensation  as 
the  County  Board  of  Commissioners  of  each  County  may  determine,  not  to  exceed 
in  the  aggregate  ten  per  cent,  of  the  licenses  and  tines  paid  to  the  County  under  this 
Act.      '    *    * 

Arrest;  Seizure;  Sale  of  seized  game:  Sec.  12.  Any  person  found  in  the  act  of 
violating  the  provisions  of  this  Act  may  be  at  once  arrested,  and  any  boat,  vessel, 
Bat,  tonus,  dredge,  net  or  lines,  nun  or  other  instruments  or  utensils  in  his  possession 
and  used  for  the  purpose  of  so  violating  the  provisions  of  this  Act.  and  all  game  lish, 
shell  fish  or  terrapin,  in  his  possession,  procured  in  violation  of  the  provisions  of 
this  Act,  may  he  seized,  and  upon  conviction  of  such  person  of  such  violation,  all 
the  same  shall  be  forfeited  to  the  State  and  shall  be  sold  as  in  the  case  of  the  sale  of 
other  property  sold  under  judicial  processes,  and  the  proceeds  divided  equally 
between  the  State  and  the  County. 

Approved  Feb.  22,  1905. 


248  GAME    COMMISSIONS   AND    WARDENS. 

SOUTH  DAKOTA. 

Revised  Codes,  1903.     Political  Code,  Art.  23,  p.  554. 

[Small  game.] 

Prima  facie  evidence:  [Sec]  3056  [As  amended  by  Laws  of  1903,  chap.  150. 
Prohibits  export  of  game.]  *  *  *  the  possession  of  such  game  by  any  per- 
son, railroad  company,  express  company  or  other  common  carrier  shall  be  deemed 
presumptive  evidence  of  the  violation  of  the  laws  of  this  state  enacted  for  the  protec- 
tion of  game.     *    *    * 

Prima  facie  evidence:  [Sec]  3058.  Any  person  or  persons  traveling  in  any 
manner  in  any  part  of  this  state  outside  of  the  immediate  bounds  of  the  inhabited 
parts  of  any  village,  town  or  city  in  possession  of  any  kind  of  a  shot  gun  and  ammu- 
nition with  dog  or  dogs  ordinarily  used  or  kept  for  the  use  of  hunting  any  game 
mentioned  in  this  article  from  the  first  day  of  July,  and  to  the  first  day  of  Septem- 
ber each  year  shall  be  presumed  to  have  violated  or  attempted  to  violate  the  provi- 
sions of  this  article  as  to  unlawfully  shooting  or  taking  of  game  mentioned  in  this 
article,  the  taking  or  shooting  of  which  is  prohibited  during  said  time  and  proof  of 
the  possession  of  such  property  during  said  time  and  in  such  place  shall  be  prima 
facie  evidence  of  the  guilt  of  such  person  or  persons  to  so  violate  or  attempt  to  vio- 
late the  provisions  of  this  article  as  to  shooting,  killing  or  taking  such  game:  *  *  * 
and  the  fact  that  any  traps,  snares  or  other  devises  used  for  the  purpose  of  trapping, 
snaring  or  taking  game  birds,  are  found  in  the  possession  of,  or  upon  the  premises  of 
any  person  or  persons,  shall  be  prima  facie  evidence  of  guilt,  violation  or  attempted 
violation  by  such  person  or  persons  of  the  provisions  of  this  article. 

Forfeiture  and  sale  of  appliances:  [Sec]  3059.  Any  person  offending  against 
any  of  the  provisions  of  any  section  of  this  article  shall  be  punished  not  only  by  the 
fine  herein  prescribed,  but  also  by  a  forfeiture  of  any  gun  or  guns,  dog  or  dogs,  trap 
or  other  sporting  implement  in  his  or  their  possession  while  so  offending,  and  any 
court  having  jurisdiction  may,  upon  due  proof,  adjudge  the  same  forfeited,  and  order 
such  traps  to  be  destroyed,  and  may  order  any  dog  or  dogs,  gun  or  guns  so  used  to 
be  sold  at  either  public  or  private  sale,  and  the  proceeds  of  such  sale  shall  be  paid  to 
the  county,  to  be  placed  in  the  county  game  fund.     *    *    * 

Wardens;  Peace  officers;  Duties;  Oath:  [Sec]  3061.  The  fish  wardens  who 
are  now  appointed,  or  who  may  hereafter  be  appointed,  shall  be  game  wardens. 
Each  game  warden,  sheriff,  constable,  or  other  officer  of  the  law,  is  charged  with  the 
duty  of  enforcing  the  provisions  of  this  article.  He  shall  arrest  or  cause  to  be 
arrested,  all  violators  thereof,  and  shall  prosecute  all  offenses  against  the  same.  He 
shall  have  the  power  to  arrest  without  a  warrant  any  person  or  persons  found  vio- 
lating any  of  the  provisions  of  this  law,  when  detected  in  the  commission  of  the  act. 
And  he  may  ,seize  and  take  into  his  custody  all  the  birds,  or  any  part  thereof,  shot, 
killed  or  taken  during  the  period  when  the  shooting,  killing  or  taking  is  not  per- 
mitted by  this  article.  Each  warden,  before  entering  upon  the  duties  of  his  office, 
shall  take  an  oath  to  support  the  constitution  and  faithfully  and  impartially  dis- 
charge the  duties  of  his  office,  which  oath  and  appointment  shall  be  filed  with  the 
secretary  of  state. 

Deputies:  [Sec]  3062.  Each  warden  may  appoint  not  more  than  ten  deputies, 
residents  in  his  county.  Such  appointment  must  be  made  in  writing,  and  shall  be 
revocable  in  writing  at  the  pleasure  of  the  principal.     *    *    * 

Jurisdiction:  [Sec]  3063.  Each  warden  shall  have  jurisdiction  throughout  the 
state  to  make  complaint  against,  arrest  and  prosecute,  all  violators  of  the  laws  for  the 
protection  of  game,  and  each  deputy  shall  have  like  jurisdiction  throughout  his 
county. 


SOUTH   DAKOTA.  2  !'• 

Duties;  State's  Mttorn.-y;  Fees:     <»    |  9064    It  li  herebj    made  the  duty  "1 

warden  and  deputy  warden,  within  his  county,  to  Bee  to  the  enforcement  of  the 

3  of  the  law-  for  the  protection  of  game,  and  to  make  complaint  and  to 

i«u to  all  violators  of  the  provisions  of  said  laws,  which  shall  come  to  his  knowl- 

or  of  which  he  shall  !>••  credibly  informed;  and  rach  wardens  and  their  depu- 

within  their  rospoi-tive  counties,  are  authorized  to  arrest  without  warrant  any 

•i  found  violating  the  provisions  of  -aid  game  law  a  when  detected  in  the  I 

(bund  with  the  irame  in  their  [xjssession  at  the  time  of  their  arrest,  and  to  take  the 

offending  l>ofore  any  court   having  jurisdiction  to  try  the  offender,  or  to  give 

immediate  notice  thereof  to  the  state's  attorney  of  the  county  in  which   the  arrest 

ade,  who  shall  forthwith  make  complaint  or  information  against  Buch  offender, 

and  prosecute  the  same.     The  fees  therefor  shall  be  the  same  as  now  provided  by 

law  for  like  Bervice  in  criminal  actions. 

Disposition  of  fines:   [Sex:.]  3066.   [n  all  prosecution^  instituted  in  the  manner 
set  forth  in  this  article  the  warden,  deputy  warden,  or  other  officer  instituting  Buch 
ution  shall  be  entitled  to  one-half  of  the  penalty  or  fine  when  recovered,  and 
the  remainder  of  such  penalty  or  fine  Bhall  go  to  the  county  game  fund. 

Disposition  of  tines:  [Sec.]  3066.  Any  person  making  complaint  and  furnish- 
ing evidence  which  shall  lead  to  the  prosecution  and  conviction  of  any  offender 

under  the  provisions  of  the  game  laws,  shall   be  entitled  to  one-half  the  6 ■ 

penalty,  when  recovered  in  such  prosecution,  and  the  other  half  to  go  to  the  county 
game  fund. 

Game  fund:    [Sec.]  3068.    All  costs  thai  shall  be  collected  and  all  fines  and  penal- 

r  shares  thereof  which  shall  be  recovered  and  paid  into  the  county  treasury, 

and  all  moneys  received  for  hunters'  licenses,  and  the  proceeds  of  any  and  all  game, 

ind  guns  sold,  shall  be  kept  as  a  separate  fund  to  be  called  a  game  fund,  to  be 

expended  by  the  board  of  county  commissioners  toward  the  payment  of  expenses  of 

game  wardens  which  shall  be  incurred  in  the  enforcement  of  the  provision- of 

the  game  laws  of  this  state. 

Witnesses;  Exemption:  [Sec.]  3069.  In  any  prosecution  or  judicial  proceeding 
kinder  the  provisions  of  any  of  the  game  laws  of  this  state  any  person  participating  in 
or  in  any  way  accessory  to  any  violation  thereof,  may  testify  as  a  witness  against  any 
other  person  violating  the  same,  w  ithout  criminating  himself  by  so  doing,  and  noth- 
ing in  the  testimony  which  he  shall  so  give,  or  in  any  admissions  he  shall  make 
in  relation  thereto,  as  such  witness  Bhall  at  any  time  he  used  against  him  in  any 
criminal  proceedings  against  him  for  such  violation. 

Search:  [Sec.]  3070.  Any  court  having  jurisdiction  of  any  of  the  offenses  under 
this  article,  upon  receiving  proof  by  affidavit  of  probable  cans*'  for  believing  in  the 
concealment  of  any  game,  the  killing  or  taking  of  which  is  prohibited  in  this  article, 
shall  issue  a  search  wan-ant  and  cause  search  to  be  made  in  any  place  therefor,  and 
to  that  end  the  officer  serving  such  warrant  may  cause  any  building,  enclosure,  or 
car  named  therein  to  be  entered,  and  any  apartment,  chest,  box,  locker,  crate, 
basket  or  package  to  be  broken  open  and  the  contents  thereof  examined. 

Joining  offenses:  [Sec.]  3071.  In  prosecutions  under  game  statutes  of  this  state  it 
shall  be  permissible  in  any  indictment,  information  or  complaint  to  join  in  one  count 
or  statement  the  several  offenses,  or  any  number  of  them  which  are  named  in  any 
lection  of  such  statutes,  when  not  repugnant  in  their  nature  or  penalty,  and  such 
count  or  statement  shall  be  sustained  by  proof  of  any  one  of  the  offenders  [offenses] 
charged. 

Game  found;  Seizure;  Sale:   [Sec.]  3072.    No  person  shall  at  any  time  acquire  or 

have  any  property  in  any  game  which  has  been  taken,  captured  or  killed,  or  had  in 

—  ion  contrary  to  law,  but  the  same  shall   be  the  property  of  the  state,  to  be 

disposed  of  for  the  benefit  of  the  fund  to  enforce  the  game  laws,  and  any  warden  or 

his  deputy  may  seize  the  same  when  found,  and  sell  the  same,  together  with  any 


250  GAME    COMMISSIONS    AND    WARDENS. 

dogs  or  guns  forfeited,  and  pay  the  proceeds  of  the  sale  to  the  county  treasurer,  to 
be  placed  in  the  game  fund,  and  the  possession  of  the  officer  so  seizing  the  same,  and 
that  of  any  one  who  shall  thereafter  purchase  the  same,  shall  be  deemed  lawful. 

Resisting  officer:  [Sec.]  3074.  Whoever  shall  resist  or  obstruct  any  officer  by 
force,  threat,  or  otherwise  in  the  discharge  of  his  duties  under  this  article  shall  be 
guilty  of  a  misdemeanor  and  be  punished  by  a  fine  of  not  less  than  ten  dollars,  nor 
more  than  fifty  dollars  for  such  offense. 

Limitation:  [Sec]  3075.  All  prosecutions  under  this  article  shall  be  commenced 
within  one  year  from  the  time  the  offense  was  committed. 

Jurisdiction;  Prosecutions;  Costs;  Imprisonment:  [Sec]  3076.  All  justices  of 
the  peace  and  police  justices  within  their  jurisdiction  shall  have  concurrent  jurisdic- 
tion with  the  circuit  court  to  try  and  determine  all  offenses  arising  under  the  pro- 
visions of  this  article  and  of  all  the  lawrs  of  this  state  for  the  protection  of  game.  All 
prosecutions  shall  be  in  the  name  of  the  state  and  shall  be  instituted  and  prosecuted 
in  accordance  with  the  provisions  of  the  law  for  criminal  procedure  in  the  courts 
where  the  prosecution  is  had.  In  all  convictions  the  costs  of  the  prosecution  shall  1  >e 
taxed  against  the  defendants  as  in  other  criminal  cases  and  the  court  shall  order  as  a 
part  of  the  judgment  that  the  defendant  shall  stand  committed  to  jail  until  the  fine 
and  costs  shall  be  paid.  Provided,  the  term  of  imprisonment  shall  not  exceed  thirty 
days  in  any  one  case. 

Political  Code,  Art.  24,  p.  558. 

[Big  game.] 

County  warden;  Salary:  [Sec]  3077.  [As  amended  by  Laws  of  1905,  chap.  116.] 
On  petition  therefor,  signed  by  not  less  than  ten  citizens  of  any  county  of  the  state 
where  large  game  exists,  the  governor  may  in  his  discretion  appoint  a  suitable  person 
as  game  warden  for  such  county,  whose  jurisdiction  shall  extend  to  any  county  in 
the  state,  who  shall  hold  such  position  until  a  successor  is  appointed  by  law.  The 
appointment  of  a  successor  shall  operate  as  a  termination  of  the  term  of  office  of  any 
one  previously  appointed  warden.  Such  game  warden  shall  receive  a  salary  of 
seventy-five  ($75)  dollars  per  month,  which  shall  be  paid  from  thegame  fund  of  the 
county.  But  in  no  case  shall  such  salary  be  a  charge  upon  or  obligation  of  the  county 
or  state. 

Bond:   [Sec]  3078.   [Requires  warden  to  give  $500  bond  and  take  oath  of  office.] 

Powers;  Duties;  Information;  Arrest;  Seizure:  [Sec]  3079.  [As  amended  by 
Laws  of  1905,  chap.  116.]  The  game  warden  shall  at  all  times  personally  supervise 
the  protection  and  preservation  of  the  large  game  hereinafter  mentioned  [buffalo, 
elk,  deer,  mountain  sheep],  within  the  state,  and  shall  make  information  before  a 
justice  of  the  peace  or  other  proper  officer  against  offending  person,  persons  or  cor- 
poration, of  any  violation  of  the  provisions  of  this  article,  of  wThich  he  has,  or  may 
receive  creditable  [sic]  knowledge.  He  shall  be  an  executive  officer,  and  is  hereby 
authorized  and  it  is  made  his  duty  to  arrest,  without  a  warrant,  any  person  or  per- 
sons, found  violating  any  of  the  provisions  of  this  article,  when  detected  in  the  act  of 
such  violation.  When  any  arrest  is  made  for  the  violation  of  any  of  the  provisions 
of  this  article,  it  is  the  duty  of  the  officer  making  such  arrest  to  receive  and  take  into 
his  custody  any  carcass  or  parts  of  a  carcass  of  any  game  in  this  article  mentioned, 
found  in  the  possession  of  such  person  or  corporation  at  the  time  of  such  arrest,  and 
at  the  same  time  to  seize  and  take  into  his  custody  any  gun  or  guns  found  in  the  pos- 
Besa ion  of  such  person  or  corporation.  The  game  warden  shall  at  all  times  when 
possible,  during  the  months  of  September,  October,  November  and  December,  take 
the  field  in  person  in  the  performance  of  his  duties. 

Liability:  [Sec]  3080.  Whenever  the  attention  of  any  game  warden  is  called  to 
a  violation  of  any  of  the  provisions  of  this  article  within  his  county,  or  whenever 


SOUTH  DAKOTA.  251 

ame  warden  -hall  ha\  e  [>ereonal  knowledge  of  an}  such  violation,  and  he  shall 
tail  t"  take  proper  steps  for  the  arrest  and  conviction  of  any  person,  persona  01 
tion  ho  violating,  tie  shall  be  deemed  guilty  of  a  tnisden 
Deputies;  Oompenaation;  Liability;  Oath:      3»a]  3081.  The  game   warden 
ihall  appoint  deputy  game  wardens  for  his  county,  whenever  ;  to  provide 

-  a-  hereinafter  provided,  or  when  otherwise  aecessarj      Buch  deputies  shall  be 
m- <>f  the  count)   for  which  they  are  appointed.     Such  deputies  shall  re 
ated  compensation,  but  it  shall  be  their  duty  to  immediately  report  to  the 
n  any  violation  of  the  provisions  of  this  article  of  which  t  hey  have  knowledge. 
Failure  so  t«»  do  is  a  misdemeanor  and  shall  subject  the  delinquent   deput)  to  a 
tint-  of  not  more  than  twenty-five  dollars  upon  conviction.     Such  appointments  may 
oked  by  the  warden  at  any  time. 
Prima  facie;  Evidence:  [Sec.]  3088.  [As  amended  by  Laws  of  1906,  chap. 
*    *    *    The  possession  of  the  carcasses,  skins,  heads  or  antlers  of  such  animals,  in 
w  of  the  numtier  as  herein  provided  [1  elk,  I  buffalo,  2  deer,  1  mountain  sheep 
In  one  year],  shall  be  considered  prima  facie  evidence  of  the  violation  of  the  pro- 
visions  of  this  section,  except   when  in  the  possession  of  an  operating  taxidermist 
iffing  <>r  mounting. 
Production  of  license;  Search:    [Sac.]  3090.    It  shall  be  the  duty  of  all  persons 
holding  licenses  to  produce  the  same  when  demanded  by  any  game  warden,  deputy 
game  warden,  sheriff,  deputy  sheriff  or  constable.     The  game  warden  or  any  of  his 
deputies  are  hereby  authorized  to  make,  within  his  or  their  county,  reasonable 
examination  of  any  tent,  wagon,  or  other   plain'  where  hunters   might  conceal  game, 
or  hunter's  equipment,  where  reasonable  suspicion  exists  that  the  game  law  is  being 
violated. 

Disposition  of  fees  and  fines:  [Sec]  3093.  All  money-  received  from  licenses 
or  from  fines  shall  be  paid  to  the  county  treasurer  of  the  comity  wherein  the  same 
eived  and  by  him  placed  in  the  game  fund  of  the  county. 
Peace  officers;  Arrest;  Search:  [Sec.]  3094.  Any  sheriff,  deputy  sheriff  or 
constable  is  hereby  authorized  to  make  arrests  for  violation  of  any  of  the  provisions 
of  this  article,  and  without  a  warrant,  whenever  such  violation  occurs  within  Bight  of 
such  officer,  and  they  are  hereby  authorized  to  make  search  when'  suspicion  exists 
that  this  law  is  being  violated,  as  in  section  3090  provided  for  game  wardens  and 
deputy  game  wardens. 

Confiscation;  Sale:  [Sec.]  3095.  *  *  *  Upon  conviction  [for  violation  of 
ime  laws]  the  gun  or  guns,  carcass  or  carcasses,  seized  at  the  time  of  the  arrest 
Of  such  person  so  convicted  shall  be  forfeited,  and  the  court  before  whom  such  con- 
viction is  had  may,  upon  due  proof,  adjudge  the  same  to  be  forfeited  and  order  the 
same  to  be  sold  at  public  or  private  sale,  and  the  proceeds  of  such  sale  shall  be  paid 
to  the  county  treasurer  and  by  him  placed  in  the  game  fund  of  the  county. 

Jurisdiction:    [Sec.]  3096.  Justices  of  the  peace  of  the  state  shall   have  jurisdic- 
tion of  all  offenses  against  this  article  in  their  respective  counties. 
Separate  offense:  [Sec.]  3097.   [Each  act  of  hunting  without  license  or  in  close 
o  is  a  separate  offense.] 

Political  Code,   Art.   25,  p.   563. 

County  wardens;  Deputies:  [Sec.]  3104.  [t  shall  be  the  duty  of  the  governor  of 

this  state  on  or  before  the  first  day  of  March  in  each  and  every  year,  to  appoint  one 
person  in  each  of  the  organized  counties  of  this  state  as  a  fish  warden,  who  shall 
hold  such  office  for  the  period  of  one  year,  or  until  his  successor  is  appointed  and 
qualified.  That  the  fish  warden  so  appointed  shall  appoint  not  to  exceed  ten  per- 
Bons  who  are  residents  of  his  county,  as  his  deputies,  each  of  said  deputies  having 
the  same  power  and  authority  as  vested  by  this  article  in  said  fish  warden. 


GAME    COMMISSIONS    AND    WARDENS. 

TENNESSEE.  " 

Acts  of  1905,  chap.  455,  p.  954. 

State  warden:  Sec.  1.  *  *  *  That  the  Department  of  Game,  Fish,  and  For- 
estry be,  and  the  same  is  hereby,  created  as  one  of  the  departments  of  the  State,  and 
that  the  Governor  shall  on  the  passage  of  this  Act  appoint  and  commission  a  citizen 

of  Tennessee  as  State  Warden  of  game,  fish,  and  forestry,  and  octennially  thereafter, 
who  shall  serve  without  salary. 

County  and  special  wardens:  Sec.  2.  That  said  State  Warden  of  game,  fish,  and 
forestrv  shall  be  authorized  and  empowered  to  appoint  and  commission  in  each 
county  of  the  State  a  citizen  of  said  county  as  County  Warden  of  game,  fish,  and 
forestry,  and  to  further  appoint  special  Wardens  for  the  State  at  large  as  in  his  judg- 
ment the  necessity  for  such  appointment  may  arise. 

Deputy  wardens:  Sec  3.  That  the  County  Wardens  of  game,  fish,  and  forestry 
are  authorized  and  empowered  to  appoint  deputies  in  such  number  as  in  their  judg- 
ment the  requirements  in  their  respective  counties  may  demand. 

Bond;  Oath  of  office:  Sec.  4.  That  the  State,  County,  [and]  Special  Wardens  shall 
each  give  bond  in  the  sum  of  five  hundred  dollars,  and  the  Deputy  Wardens  in  the 
sum  of  two  hundred  and  fifty  dollars  each,  for  the  faithful  performance  of  their  respect- 
ive duties,  said  bonds  to  be  filed  in  the  Department  of  Game,  Fish,  and  Forestry. 
All  Wardens  shall,  on  appointment,  take  the  oath  prescribed  for  public  officers. 

Removal  of  wardens:  Sec  5.  That  the  State  Warden  may  appoint  a  secretary 
to  conduct  the  correspondence  and  detail  work  of  his  department,  but  the  salary  or 
compensation  of  said  Secretary  shall  be  paid  by  the  State  Warden.  When  any 
charge  or  charges  are  preferred  against  any  County,  Special,  or  Deputy  Warden  fur 
malfeasance,  misfeasance,  or  nonfeasance  in  office,  or  for  any  other  reason  which  in 
the  judgment  of  the  State  Warden  is  sufficient,  he  shall  investigate  the  case  and 
may  remove  said  Warden  at  pleasure  and  appoint,  or  cause  to  be  appointed,  another 
in  his  stead.  Any  Warden  who  shall  act,  or  assume  to  act,  after  notice  of  such 
removal,  shall  forfeit  his  bond. 

Duties;  Compensation:  Sec  6.  That  all  Wardens  appointed  under  this  Act  are 
hereby  constituted  conservators  of  the  peace,  and  it  shall  be  their  right,  power,  and 
duty  to  enforce  all  provisions  of  Chapter  169,  Acts  1903,  known  as  the  "General 
Game  Law;"  Chapter  118,  Acts  1903,  known  as  "An  Act  to  protect  nongame  birds; " 
Chapter  91,  Acts  1901,  known  as  the  "Written  Permission  Law;"  Chapter  121, 
Acts  1901,  known  as  the  law  prohibiting  the  shipment  of  quail,  and  all  other  laws 
for  the  protection  of  the  game,  the  birds,  the  fish,  and  the  forests  of  the  State"  as  the 
same  may  now  exist  or  hereafter  be  enacted.  All  fines,  penalties,  forfeitures,  or 
licenses  collected  under  any  laws  which  said  Wardens  are  authorized  and  called 
upon  to  enforce  shall  go  to  that  Warden  so  acting  or  making  or  causing  the  arrest,  i  >r 
securing  the  conviction,  as  compensation  for  his  services,  and  the  state  Warden  shall 
make  to  each  General  Assembly  a  report  of  all  receipts  and  disbursements  and  such 
other  information  and  recommendations  as  in  his  judgment  may  be  necessary  and 
proper. 

Duties  and  powers  of  wardens:  Sec  7.  That  all  Wardens  appointed  under  this 
Act  shall  each  and  every  one  have  and  exercise  all  the  rights,  powers,  and  authority 
of  the  Sheriffs  of  the  respective  counties,  with  respect,  however,  only  to  those  laws 
which  they  are  appointed  to  enforce  and  according  to  the  terms  of  those  laws  as 
well  as  of  this  Act.     They  may   serve  process  and  have  power   to  make   arrests, 

"The  official  publication  of  the  laws  of  Tennessee  for  1907  was  not  available  when 
the  bulletin  went  to  press,  and  as  material  amendments  were  made  during  this  ses- 
sion and  their  effect  upon  existing  law  not  known  the  sectiens  are  given  as  published 
by  the  State  warden  in  his  pamphlet  for  1907-8. 


TONNES 

. i - .  < •  i'  offenders  an. I  take  them  before  my  Justice  of  th<   Pi 
rial  ('"'int.  there  i>.  I*»  dealt   with  Recording  t"  law.  and  as  the  nature  o(  the 
demand. 

Acta  of  1905,  chap.  .r>ir>.  p.  L169. 

Prosecutions;  Compromiaing  caaea:  S       I      ih.it   prosecutions  and  actions  foi 

ties  under  this  Vet  [amending  the  u  (general  Game  Law"],  or  any  other  Ian 

t..r  the  protection  of  game,  -hall  be  in  the  name  <>t"  the  State  <>t  Trinn-src,  ami  must 

U-  brought  on  the  order  of  the  State  Warden  or  a  Warden  appointed  under  the 

Department  of  Game,  Fish,  and   Forestry,  and  in  all  actions  or  prosecutione 

bird  or  animal  or  part  thereof  killed  or  held  in  violati< I  law  shall  constitute  a 

rate  offense;  and  the  State  Warden  ma y  compromise  or  discontinue  cases  where 
the  violations  wen-  technical  or  where,  in  his  judgment,  the  prosecution  or  fine 
would  be  oppress 

Acts  of  1903,  chap.  118,  p.  212. 

\ii  act  to  proteel  non-game  birds  ol  Tennessee.] 

Charge  to  grand  juries:  Sec.  !».  That  the  grand  juries  of  the  Circuit  and  Crimi- 
nal Courts  of  the  State  shall  ha\  e  inquisitorial  authority  over  all  violations  of  any  of 
the  pro\  isionsof  this  Act.  and  upon  probable  cause,  shall  make  presentment  without 
a  prosecutor;  and  that  the  Judge  having  criminal  jurisdiction  in  the  various  count  re- 
in Tennessee  shall  give  this  Act  specially  in  charge  to  the  grand  juries  at  every  term 
of  the  courts. 

Acts  of  1903,  chap.  169,  p.   374. 

Arrest:  Sec.  8.  That  any  Justice  of  the  Peace,  upon  the  -worn  statement  of  any 
individual  that  any  of  the  provisions  of  this  Act  h  have  been,  or  are  being  violated. 
•hall  issue  his  warrant  of  arresl  directed  to  any  game  Warden,  sheriff,  Constable  or 
other  peace  officer  commanding  that  said  offender  be  at  once  arrested  and  held  for 
trial,  and  said  offender  shall  he  tried  and  if  found  guilty,  punished  as  herein  provided. 

Sworn  statements;  Perjury:  Sec.  10.  *  *  *  Any  Game  Warden,  Sheriff. 
Deputy  Sheriff.  O  instable  or  other  officer  of  this  State  shall  have  the  ricrht  to  demand 
of  any  nonresident  having  gamein  his  possession,  and  which  he  proposes  to  takeout 
of  the  State,  an  inspection  of  said  license  and  -worn  statement,  and  a  refusal  on  the 
part  of  said  nonresident  to  exhibit  said  license  and  sworn  statement  is  hereby  <  lee  la  red 
to  be  a  misdemeani  ir. 

Any  person  or  persons  violating  this  section  or  any  of  the  provisions  thereof  shall 
he  guilty  of  a  misdemeanor  and  upon  conviction  shall  he  fined  in  a  sum  not  Less 
than  $50  nor  more  than  $100  for  each  offense,  and  any  false  swearing  in  the  sworn 
nent  herein  required  shall  he  punishable  as  perjury. 

Acts  of  1907,   chap.  185. 

Arrest;  Appeal:  Sec  3.  That  where  any  person  is  arrested  for  a  violation  of  the 
game,  fish,  and  fore-try  laws  of  the  State,  a-  the  same  may  now  exist  or  hereafter  be 
enacted,  it  shall  he  the  duty  of  the  Warden  making  the  arrest  to  take  the  person  or 
persons  so  arrested  without  delay  before  some  Justice  of  the  Peace,  who  shall  hear 
the  evidence  and  decide  the  ease;  and  if  the  person  or  persons  so  tried  shall  he 
found  guilty,  then  the  Justice  shall  impose  the  line  fixed  bylaw.  Any  person  BO 
convicted  and  fined  shall,  however,  have  the  right  of  appeal  to  the  Criminal  or  Cir- 
cuit Court  upon  giving  bond  and  security  for  the  amount  of  the  tine  imposed  and 
or  taking  the  paupers'  oath  and  giving  an  appearance  bond.     All  Wardens  shall 

Section  5  of  this  Act  authorizes  the  State  Warden  to  import  pheasants  or  other 
game  birds  or  their  egg«  for  distribution,  and  to  take  game  at  any  time  for  propaga- 
tion or  distribution. 

bThe  General  Came  Law. 


254  GAME    COMMISSIONS    AND    WARDENS. 

report  without  delay  every  arrest,  and  also  each  case  tried,  to  the  Department  of 
Game,  Fish,  and  Forestry.  Blank  forms  for  said  purpose  shall  be  furnished  them 
by  said  department.  Nothing  herein,  however,  shall  he  construed  to  prevent  the 
State  Warden  from  exercising  the  authority  already  conferred  by  law  by  Section  ft 

Chapter  515,  Acts  1905. 

Summoning  witnesses  :  Sec.  4.  That  no  person  shall  be  excused  from  testify- 
ing in  any  action,  suit,  or  prosecution  brought  for  a  violation  of  the  game,  fish,  and 
forestry  laws  upon  the  ground  that  his  testimony  might  tend  to  convict  him ;  but 
such  person  shall  not  be  prosecuted  for  any  such  offense  about  which  he  has  been 
compelled  to  testify.  Where  the  Department  of  Game,  Fish,  and  Forestry  has  been 
furnished  information  of  the  violation  of  any  game,  fish,  or  forestry  law,  the  State 
Warden  may  proceed  to  the  place  where  said  offense  is  alleged  to  have  been  com- 
mitted, and  within  said  county  summon  and  examine  under  oath  witnesses  to  ascer- 
tain the  facts  and  to  avoid  useless  and  frivolous  indictments  or  prosecutions.  Any 
one  so  summoned  refusing  to  attend  or  testify  under  the  provisions  of  this  section 
or  Act  shall  be  subject  to  a  fine  of  not  less  than  twenty-five  nor  more  than  fifty 
dollars,  and  witnesses  shall  be  paid  by  the  department  the  same  fees  as  are  now 
allowed  by  law. 

Resisting-  wardens:  Sec.  5.  That  any  person  or  persons  who  shall  threaten 
with  violence,  resist,  or  interfere  with  a  Warden  in  the  discharge  of  his  duties  shall 
be  subject  to  the  same  penalties  now  imposed  by  law  upon  those  who  resist  or  inter- 
fere with  other  officers. 

Commissions:  Sec.  13.  That  the  offices  of  all  County,  Special,  and  Deputy 
Wardens  shall  terminate  on  the  first  of  July  of  each  and  every  year,  and  that  it  shall 
be  the  duty  of  the  Department  of  Game,  Fish,  and  Forestry  to  take  new  bonds  on 
reappointments  of  Wardens  as  well  as  on  new  appointments. 

Seizure;  Search;  Punishment  of  wardens:  sec.  17.  That  the  State,  County. 
Special,  and  Deputy  Wardens  appointed  to  enforce  the  provisions  of  this  or  any 
other  Act  for  the  protection  of  the  game,  the  fish,  and  the  forests  of  the  State  are 
authorized  to  seize  and  confiscate  any  game  taken  or  held  in  violation  of  law. 

Where  any  Warden  has  information  or  has  reason  to  believe  that  any  company, 
corporation,  or  other  person  is  concealing  game  for  the  purpose  of  sale,  in  violation 
of  law,  or  for  shipment  beyond  the  limits  of  the  State,  then  such  Warden  may.  with 
a  warrant,  make  search  for  said  game  and  examine  any  box,  barrel,  wagon,  car,  or 
cold-storage  house,  or  other  place  or  receptacle  where  said  game  is  supposed  to  be 
concealed. 

And  any  warden  who  shall  maliciously  abuse  his  power  or  duty  or  trust  in  such  or 
any  other  proceeding,  or  willfully  fail  to  do  his  duty,  or  shall  collude  with  any  vio- 
lator of  the  uame,  fish,  or  forestry  laws,  to  evade  same  or  any  part  thereof,  or  shall 
receive  any  bribe  of  money  or  other  consideration  of  value  not  to  prosecute  or  enforce 
any  of  said  laws,  shall  be  liable,  upon  conviction  therefor,  to  a  fine  of  not  less  than 
one  hundred  nor  more  than  two  hundred  dollars  and  imprisonment  not  exceeding 
six  months. 

Fines  and  forfeitures:  Sec  18.  That  all  moneys  arising  from  fines,  forfeitures, 
or  prosecutions  under  any  law  for  the  protection  of  the  game,  the  birds,  the  fish,  or 
the  forests  of  Tennessee,  now  existent  or  hereafter  enacted,  shall  be  paid  to  the 
Department  of  Game,  Fish,  and  Forestry,  which  department  shall  apply  so  much 
thereof  as  may  be  necessary  to  the  payment  of  the  expenses  of  collecting  same,  and 
shall  pay  one-half  of  the  balance,  not  exceeding  850  in  any  one  case,  to  the  Warden 
upon  whose  information  or  at  whose  instance  the  action  was  brought.  The  balance 
of  such  receipts  shall  be  available  for  expenses  in  enforcing  the  various  provisions 
of  law  for  the  protection  of  the  game,  the  birds,  the  fish,  and  the  forests,  and  the 
department  shall  make  a  full  report  to  each  Legislature  of  all  such  receipts  and 
disbursements. 


i  i.\  \>. 
TEXAS. 
Laws  of  1907,    H.   B.    No. 

Ganu',  tish.  :m«i  I     Beit  ♦  - 1 i:i<  t •  ••  1  by   th<    \< 

:    \.i-    I  a  onier  thai  the  provisions  of  this  act  may  be  carried  oul 
\\    provided  that   the   Fish  and  Oyster  Commissioner  Bhall  bei 
the  («:iine,  Fish  an  Commissioner,  and  in  addition  to  theduties 

:u|>. -sol  up-.n  tli«-  Fish  and  <  >yster  Commissioner,.  he  Bhall  hereafter  perform  all 
th.  duties  i  in | »« >-<<!  by  this  ael  and  shall  have  and  execute  all  the  additional  authority 
herein  provided.  It  i>-  expressly  provided,  however,  thai  nothing  in  this  act  shall 
ostrued  as  in  any  way  repealing  any  law  existing  or  hereafter  enacted  relating 
t.»  fish  and  o\  sters  and  wild  game  and  \\  il<l  birds,  except  to  change  the  official  titles 
of  the  Fish  and  unmissioner  to  Pish,  Game  and  Oyster  Commissioner,  and 

_■  his  additional  powers  and  duties. 
Duties  and  |  -       2.   It  i-  hereby  made  a  special  duty  of  the  Game,  Fish 

and  <  >\  ster  (  unmissioner  to  enforce  the  statutes  of  this  state  for  the  protection  and 
rvation  of  wild  game  and  wild  birds,  and  to  bring  <»r  cause  to  be  brought  actions 
and  proceedings  in  the  name  of  the  State  of  Texas  to  recover  any  and  all  fines  and 
irovided  for  in  the  laws  now  in  force  or  that  may  hereafter  be  enacted 
relating  to  wild  game  and  wild  birds.  Said  Game,  Fish  and  Oyster  Commissioner 
may  make  complaint  and  cause  proceedings  to  be  commenced  against  any  person 
|or  violation  of  any  of  the  laws  for  the  protection  or  propagation  of  game  or  birds 
without  the  sanction  of  the  county  attorney  in  which  Buch  proceedings  are  com- 
menced, and  in  such  case  he  shall  not  be  required  to  furnish  security  for  costs.  Said 
Commissioner  shall  at  any  and  all  times  seize  and  take  possession  of  all  birds  and 
animals  that  have  been  caught,  taken  or  killed,  or  had  in  the  possession  or  under 
control,  or  have  shipped  contrary  to  any  of  the  laws  of  this  State,  and  such  seizure 
|Bay  be  made  without  a  warrant  All  birds  or  animals  seized  by  the  Commissioner 
shall  be  disposed  of  in  such  manner  as  may  be  directed  by  any  court  having  com- 
petent jurisdiction  to  hear  and  determine  cases  for  a  violation  of  the  game  and  bird 
te. 

Arrest:  -  Said  Game,  Fish  and  Oyster  Commissioner  shall  have  the  same 

power  and  authority  to  serve  criminal  process  a-  sheriffs,  and  shall   have  the  same 
power  as  sheriff-  to  require  aid  in  executing  such  process.     Said  Commissioner  may 

without  warrant  any  person  found  by  him  in  the  act  of  violating  any  of  the 
:  >rthe  protection  or  propagation  of  game  or  wild  birds,  and  take  such  ; 
forthwith  before  a  magistrate  having  jurisdiction.  Such  arrests  may  he  made  on 
Sunday,  and  in  which  case  the  person  arrested  shall  he  taken  In-fore  a  magistrate 
having  jurisdiction,  and  proceeded  against  as  ><»on  as  may  be,  on  a  week  day  fol- 
lowing the  arre.-t. 

Report:  Sec.  4.  Said  Commissioner  shall  at  the  close  of  each  calendar  month  tile 
with  the  Secretary  of  State  a  report  in  writing,  stating  th.-  service  performed  by  him 
during  the  last  preceding  month,  including  a  detached  statement  of  the  suits  com- 
nienced  at  his  instance  and  th.-  disposition  made  of  same,  and  any  other  particulars 
lie  may  think  proper,  and  no  payment  for  services  performed  or  expenses  incurred 
by  said  Commissioner  shall  be  made  until  he  shall  present  to  the  Comptroller  of 
Public  Accounts,  in  addition  to  the  usual  certificate  of  performance  and  payment,  a 
certificate  from  the  Secretary  of  State  that  he  has  made  the  report  required  by  this  act. 
Chief  deputy:  Sec.  5.  Said  ( rame,  Fish  and  <  ryster  Commissioner  shall  have  power 
t<>  appoint  a  chief  deputy  who  shall  maintain  an  office  in  the  Capitol  of  the  state: 
Btid  chief  deputy  shall  take  the  constitutional  oath  of  office  and  shall  act  as  general 

:it  to  said  (tame.  Fish  and  Oyster  Commissioner,  and  during  the  absence  or 
sickness  or  disabilitv  of  the  Commissioner  he  shall  exercise  the  duties  of  said  Com- 


256  GAME    COMMISSIONS    AND    WARDENS. 

missioner.  Said  chief  deputy  shall  devote  his  entire  time  to  the  work  of  his  office, 
and  he  shall  receive  an  annual  salary  of  $1,800  and  his  actual  and  necessary  expenses 
incurred  by  him  in  the  discharge  of  the  duties  of  his  office,  to  be  paid  monthly  on 
the  warrant  of  the  Comptroller  of  Public  Accounts  and  on  the  approval  of  his  accounts 
and  vouchers  therefor. 

Deputies;  Salaries:  Sec.  6.  The  said  Game,  Fish  and  Oyster  Commissioner  shall 
also  have  power  to  appoint  deputy  game  commissioners,  who  shall  have  the  same 
power  and  authority  as  herein  provided  for  the  Game,  Fish  and  Oyster  Commissioner 
himself,  subject  to  the  supervision  and  control  of  and  removal  by  the  said  Game, 
Fish  and  Oyster  Commissioner.  Said  deputy  commissioners  shall  receive  $3.00  per 
day  for  each  day  actually  spent  in  the  discharge  of  their  duties  under  the  direction 
of  the  Commissioner,  and  their  actual  expenses  necessarily  incurred  when  so 
employed.  To  be  paid  monthly  on  the  warrant  of  the  Comptroller  of  Public 
Accounts  on  the  approval  of  itemized  vouchers,  verified  under  oath  and  certified 
and  approved  by  the  Game,  Fish  and  Oyster  Commissioner.  The  Game,  Fish  and 
I  >yster  Commissioner  shall  receive  in  addition  to  the  salary  now  paid  him  as  Fish 
and  Oyster  Commissioner  [SI, 800],  the  sum  of  8700  per  annum,  and  his  actual  and 
necessary  expenses  incurred  in  the  discharge  of  his  duties,  to  be  paid  monthly  on 
the  warrant  of  the  Comptroller  of  Public  Accounts  for  the  salaries  and  expenses  of 
the  Game,  Fish  and  Oyster  Commissioner,  his  chief  deputy  and  the  other  deputies 
herein  provided  for,  and  shall  not  exceed  the  amount  received  by  the  State  Treasurer 
from  the  sale  of  hunting  licenses  and  the  collection  of  fines  and  penalties  in  cases  for 
the  violation  of  the  game  and  bird  laws  of  this  State.  And  in  no  event  shall  the 
State  ever  be  liable  for  the  pay  of  any  of  the  deputy  commissioners  herein  provided 
for.  All  funds  paid  into  the  State  Treasury  from  the  sale  of  hunting  licenses  shall 
be  set  apart  as  a  special  fund  as  salaries  and  expenses  of  said  Game,  Fish  and  Oyster 
Commissioner  and  his  various  deputies,  as  provided  for  in  this  act.  Provided,  that 
the  fund  derived  from  the  sale  of  hunting  licenses  contemplated  by  this  act  shall 
never  be  combined  with  the  Fish  and  Oyster  Fund  of  the  State  of  Texas.  Nor  shall 
said  Fish  and  Oyster  Fund  ever  be  liable  for  the  payment  of  any  of  the  expenses 
contemplated  by  this  act,  but  shall  be  kept  intact  and  for  the  sole  purpose  of  paying 
the  expenses  of  maintaining  the  fish  and  oyster  business  of  Texas  as  now  provided 
by  law,  and  the  said  Commissioner  and  his  deputies  shall  not  be  paid  out  of  any 
other  funds. 

Bond  of  Chief  Deputy:  Sec.  7.  The  Chief  Deputy  Game,  Fish  and  Oyster  Com- 
missioner shall,  before  assuming  the  duties  of  his  office,  file  with  the  Secretary  of 
State,  a  good  and  sufficient  bond  in  the  sum  of  85.000  for  the  faithful  performance  of 
the  duties  of  his  office. 

Report  of  licenses  issued:  Sec  9.  At  the  close  of  each  calendar  month  the  Game, 
Fish  and  Oyster  Commissioner  shall  file  with  the  Secretary  of  State  a  report  giving 
in  detail  the  work  of.  his  office,  together  with  a  correct  list  of  the  licenses  issued 
during  the  preceding  month,  and  shall  remit  to  the  State  Treasurer  for  the  entire 
amount  of  money  received  for  same. 

Laws  of  1907,  H.  B.  No.  345. 

Separate  offense;  Common  carrier;  Examination  of  packages:  Sec  10. 
[Prohibits  export  of  game;]  provided,  that  each  shipment  shall  constitute  a  separate 
offense,  and  that  such  express  company,  or  other  common  carrier,  or  its  agents,  serv- 
ants or  employes  shall  have  the  privilege  of  examining  any  suspected  package  for  the 
purpose  of  determiniug  whether  such  package  contains  any  of  the  articles  mentioned 
herein. 

Prima  facie  evidence:  Sec  15.  Possession  at  any  time  of  the  year  during  which 
the  game  birds  and  wild  fowls  of  the  State  are  protected  herein,  shall  be  prima  fack 
evidence  of  the  guilt  of  the  person  in  possession  thereof. 


I     I   Ml. 

UTAH 
Laws  Of   1907,  chap.    1  IN.   p,    1M). 
State     tish     and     game     eomniissioiier:     TVrm;     Qualitirat  ion  V 

gic.  i.  That  the  <  lovernor  of  the  State,  by  and  with  the  consent  of  the  Senate,  -I  ml  I 
:it  a  Stat.-  Fish  an-1  Game  Commissioner,  hereafter  called  State  Commission*  r, 

shall  be  a  resident  citizen  of  the  State,  and  \\  li"  Bhall  qo1  be  a  member  <>t  any 
bunting,  Bhooting  or  fishing  club,  whose  term  of  office  shall  be  two  yean  and  until 
-  appointed  ami  qualified;  Provided,  that  when  a  vacancy  ocean  in 
tin-  office  of  said  State  Commissioner  and  the  Legislature  ia  not  in  Beesion,  the  Gov- 
ernor shall  have  power  t«>  till  such  vacancy  until  the  next  regular  Beesion  of  the 

•  at  inc.  and  h«-  -hall  have  power  t.»  remove  the  stat.-  Commissioner  at  any  time 
lor  ca 

Salary;  Fund:  Oath;  Bond:  Sir.  2,  The  state  Commissioner  -hall  receive 
an  annual  Balary  of  one  thousand  two  hundred  dollars,  together  with  his  reasonable 
and  necessary  traveling  and  contingent  expenses,  nol  exceeding  $300  per  annum,  to 
he  paid  out  of  the  public  treasury,  in  the  same  manner  a-  other  state  <  officers,  Pro- 

.  that  as  soon  as  sufficient  funds  are  accumulated  in  the  state  Fish  and  Game 
Fund  in  the  State  Treasury  the  salary  of  state  Fish  and  Game  Commissioner, 
and  all  chiefs  or  other  game   Wardens,   shall   be   paid  out  of  Baid  fund.      He  shall 

re  entering  upon  the  duties  of  his  office,  take  and  subscribe  to  the  constitutional 
oath  of  ..tine  and,  give  a  bond  in  the  penal  sum  of  five  thousand  dollars  for  the 
faithful  performance  of  his  duty.     Such  bond  shall  be  approved  by  the  state  Board 

"i  Examiners  and  tiled  with  the  Secretary  of  State. 

Powers  and  duties:  Sec.  •">.  The  State  Commissioner  shall  have  control  and 
supervision  of  the  waters  of  the  state,  for  the  collection,  propagation,  culture  and 
distribution  of  tish  in  the  state,  and  Bhall  receive  and  distribute  all  game,  fish,  tish 
fry  and  .-pawn  coming  into  his  hand.-  fairly  and  equitably  among  the  Beveral 
counties.  He  -hall  have  full  control  of  all  the  property  of  the  state  obtained  or  held 
for  the  purpose-  contemplated  by  this  act. 

Propagation,  etc.;  Report:  Sec\  4.  It  shall  be  lawful  for  the  State  Fish  and  I  .anie 
Commissioner  or  any  person  appointed  by  him  in  writing  so  to  do,  to  take  fish  and 
■ame  of  any  kind,  dead  or  alive,  or  in  any  manner,  under  the  direction  of  the  County 
Fish' and  <  -ame  Warden,  for  the  purpose  of  inspection,  cultivation,  propagation, 
distribution,  scientific  or  other  purposes,  deemed  by  him  to  be  in  the  interests  of  the 
fish  and  game  industry  of  the  State.  He -hall  make  a  detailed  report  of  his  official 
transactions,  including  the  number  and  kind-  of  tish  distributed  and  the  locality  and 
name  of  streams,  ponds  or  lakes  where  the  same  have  been  placed,  and  submit  such 
report  to  the  Legislature  during  the  first  week  of  it-  ensuing  regular  Beesion. 

Fish  and  game  wardens;  Bonds;  Compensation:  Sec.  5.  After  this  act  shall 
take  effect,  the  State  Fish  and  Game  Commissioner  shall  appoint  by,  and  with  the 
approval  of  the  County  Commissioners  one  Chief  state  Fish  and  Game  Warden  in 
each  comity  of  this  State  who  shall  be  a  resident  citizen  of  the  county  in  which  he 
resid 

He  shall  not  be  a  member  of  any  hunting,  Bhooting  or  fishing  club,  whose  term  of 
office  shall  be  two  years  and  until  his  successor  shall  be  appointed  and  qualified.  The 
■aid  Commissioners  shall  require  of  each  Warden  the  giving  of  a  bond  in  a  sum  not 
eding  $1,000.00  for  the  faithful  discharge  of  his  duties  and  a  prompt  accounting 
for  the  payment  of  any  moneys  coming  into  his  hands  by  virtue  of  his  office.  Such 
bonds  Bhall  run  to  the  people  ,>\  the  State  of  Ftah  with  surety  to  he  approved  by  the 
Commissioners,  Provided  that  the  <  rovernor  by  and  with  the  consent  of  the  state  Fish 
and  (tame  Commissioner  shall  lix  the  salary  of  the  tish  and  game  Wardens,  and 
provided  that  n<>  Warden  shall  receive  a  salary  to  exceed  (600.00. 


258  GAME    COMMISSIONS    AND    WARDENS. 

Duties  of  commissioner  and  wardens:  Sec.  6.  It  shall  be  the  duty  of  the  State 
Commissioner,  and  also  the  duty  of  the  Chief  Fish  and  Game  Warden  to  see  that  all 
laws  of  the  State  for  the  protection  of  fish  and  game  are  faithfully  enforced  in  the 
several  counties,  and  for  this  purpose  they  respectively  are  severally  hereby  given 
the  same  powers  and  authority  granted  by  the  laws  of  the  State  to  and  exercised,  by 
sheriffs  and  constables.  The  State  Commissioner,  each  of  his  special  deputies  and 
every  Chief  Warden  throughout  the  State,  and  every  sheriff  and  constable  in  his 
respective  county,  is  authorized  and  required  to  enforce  this  act,  and  seize  any  game 
or  fish  taken  or  held  in  violation  of  this  act,  and  he  shall  have  full  power  and  author- 
ity, and  it  shall  be  the  duty  of  every  such  officer,  with  or  without  a  warrant,  to  arrest 
any  person  whom  he  has  reason  to  believe  guilty  of  a  violation  thereof;  and  if,  with- 
out a  warrant,  to  hold  him  until  a  warrant  can  be  procured;  to  open,  enter  and 
examine  all  cars,  stages,  packs,  warehouses,  stores,  outhouses,  boxes,  barrels  and 
packages  where  he  has  reason  to  believe  any  game  or  fish  taken  or  held  in  violation 
of  this  act,  is  to  be  found,  and  to  seize  the  same;  and,  provided,  that  if  such  search  or 
seizure  be  made  without  a  warrant,  the  officer  making  the  same  must  procure  a 
warrant  therefor  as  soon  as  possible  during  or  after  the  search  or  seizure;  and  pro- 
vided further,  that  a  dwelling  house  actually  occupied  can  be  entered  for  examination 
only  in  the  pursuance  of  a  warrant.  It  shall  be  the  duty  of  the  Chief  Game  Wardens 
to  report  their  official  acts  in  detail  to  the  State  Commissioner  annually  during  and 
not  later  than  the  first  week  in  December,  and  oftener  if  so  required  by  the  State 
Commissioner. 

Game  protection  fund:  Sec.  14.  [Hunting  license  fees  to  be  paid  into  the  State 
treasury  to  the  credit  of  the  fish  and  game  fund.] 

Seizure;  Prima  facie  evidence:  Sec.  25.  Any  person  who  shall  have  in  his  pos- 
session any  game,  fish  or  birds  taken  unlawfully  is  guilty  of  a  misdemeanor.  All 
fish  or  game  taken  or  held  unlawfully  or  shipped  or  consigned  for  shipment  out  of 
this  State  shall  be  seized  by  the  State  or  any  Fish  and  Game  Warden  and  disposed  of 
to  the  best  interest  of  the  State  Fish  and  Game  fund  in  which  said  seizure  may  be 
made.  The  possession  of  any  animal,  fish  or  bird,  or  of  the  remains  or  any  part  of 
the  remains  thereof,  within  the  time  or  period  within  which  the  taking  or  killing  or 
possession  of  the  same  is  prohibited,  shall  be  prima  facie  evidence  of  such  unlawful 
taking  or  killing  or  possession,  provided  it  shall  be  lawful  at  any  time  of  the  year  to 
take  any  wild  birds  or  the  eggs  of  any  wild  birds  mentioned  in  this  act  for  scientific 
purposes  under  the  supervision  and  authority  of  the  State  Fish  and  Game  Commis- 
sioner; and  it  shall  be  unlawful  to  kill,  catch  or  otherwise  take  or  destroy,  and  leave 
to  waste,  or  in  any  manner  to  cause  or  suffer  to  be  wasted,  any  bird,  animal  or  fish 
in  this  act  mentioned,  or  any  useful  part  or  parts  thereof. 

Approved  March  23,  1907. 

VERMONT. 
Laws  of  1904,  No.  118,  p.  160. 

Fish  and  game  commissioner:  Sec  1.  There  shall  be  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  senate,  during  the  present  session  of  the 
legislature,  and  biennially  thereafter,  a  state  fish  and  game  commissioner,  who  shall 
hold  office  for  two  years  from  December  1st  of  the  year  of  his  appointment  and  until 
his  successor  is  chosen  and  qualified.  A  vacancy  occurring  in  such  office  shall  be 
filled  by  the  governor. 

Salary;  Expenses:  Sec.  2.  [As  amended  by  Laws  of  1906,  No.  153.]  The  annual 
salary  of  the  state  fish  and  game  commissioner  shall  be  ten  hundred  dollars  and  his 
actual  necessary  expenses  while  away  from  home  on  official  business.  He  shall  also 
be  allowed  in  the  allowance  of  his  accounts  his  necessary  expenses  for  postage,  sta- 
tionery, blanks,  printing,  telephone,  telegraph,  freight  and  express.     Said  commis- 


VERMONT. 

ov  a  clerk  at  an  expense  not  t.>  exceed  three  hundred  and 
dollars  per  annum. 

rhe  state  fish  and  game  commissioner  shall  have  th< 
tnd  management  of  the  state  fish  hatcheries  ami  the  propagation  "i  fish  and  game  in 

the  -tat« ■  a-  is  ii. '\\  and  hereafter  shall  be  provided  by  law  ,  ami  -hall  enforce  tin-  law  - 

relating  to  tin-  protection  of  fish  and  game. 

fcecord;  Report:  Sec.  i.   He  shall  keep  a  correct  account  of  tin*  proceeding  ami 

. -s  pertaining  to  his  oiHce,  and  -hall  snhmit  to  the  legislature  biennially  ■ 

•d  r«-|»ort  of  which  not  exceeding  two  thousand  copies  shall  be  printed  at  the 

expense  of  the  state. 

Accounts:    S         5.    He  shall  render  to  the  state  auditor  an  itemized  aeeoiint  of  all 

money  expended  by  him  in  the  care  and  management  of  the  state  fish  hatcheries 
and  in  the  protection  of  fish  and  game,,  and  upon  approval  of  the  same,  the  state 

auditor  shall  draw  an  order  upon  the  Mate  treasurer  for  the  amount  thereof  in  favor 
of  said  commissioner.  Such  order,  however,  not  to  exceed  in  amounl  the  sum  appro- 
priated under  section  8  of  this  act. 

County  wardens:  Sec.  6.  [As  amended  by  Laws  of  L906,  N<>.  L52.]  The  state 
Bah  and  game  commissioner  shall,  annually,  in  the  month  of  December,  appoint  at 
:ie  and  not  more  than  two,  fish  and  game  county  wardens  for  each  county,  and 
any  deputy  fish  and  game  wardens  in  each  county  as  he  may  deem  necessary. 
Said  wardens  shall  hold  office  for  one  year,  or  until  their  successors  are  appointed, 
and  said  commissioner  may  remove  such  wardens  from  office  and  fill  vacancies  which 
Bay  occur. 

Powers:  Sec.  7.  [A- amended  by  Laws  of  L906,  No.  L52.]  Said  wardens  shall  be 
under  the  direction  and  supervision  of  said  commissioner,  and  shall  act  and  incur 
expense  only  under  his  direction,  and.  when  BO  acting,  said  wardens  shall  have  the 
same  power-  as  a  constable  while  engaged  in  and  with  reference  to  their  work  as 
warden-. 

Compensation;  Reports;  Expenses:  [Added  by  Laws  of  L906,  No.  L52,  sec.  3.] 
Said  county  wardens  shall  receive  two  dollars  a  day  and  actual  expenses  while  offi- 
cially employed.  Said  deputy  wardens  shall  receive  one  dollar  and  a  half  a  day. 
and  actual  expenses,  while  officially  employed.  Said  wardens  shall  report  to  said 
commissioner  at  such  time  and  in  such  manner  as  lie  may  direct.  All  accounts  of 
said  wardens  for  per  diem  and  expenses  shall  be  upon  blanks  to  be  furnished  by  said 
commissioner  and  such  accounts  shall  be  sworn  to  by  said  wardens  and  when 
approved  by  said  commissioner  the  auditor  of  accounts  shall  draw  orders  therefor. 

Appropriation:  Sec.  8.  [As  amended  by  Laws  of  1906,  No.  153.]  The  sum  of 
fifty-five  hundred  dollars  is  hereby  appropriated  annually  for  the  care  and  mainte- 
nance of  the  state  fish  hatchery,  and  for  the  protection  and  preservation  of  fish  and 
game.  If  any  part  of  such  appropriation  remains  unexpended  at  the  end  of  any 
fiscal  \ear.  the  unexpended  portion  shall  be  carried  over  and  added  to  the  fund  for 
the  following  year,  ami  bo  from  year  to  year. 

Prosecuting  officers:  Se<  .  9.  The  state  fish  and  game  commissioner  for  the  Btate, 
town  grand  juror-  and  >tate'>  attorneys  shall  prosecute  for  all  violations  of  this  act. 

Game  fund:  Ski.  11.  All  money  collected  from  fines  imposed  for  violations  of  any 
law  relating  to  fish  and  game  shall  he  paid  into  the  state  treasurer  [treasury]  and 
used  for  the  purpose  of  this  act. 

Approved  December  7.  1904. 

Vermont  Statutes,  1894,  chap.  96,  p.  382. 

Search:  Sec.  L*">4.  [As  amended  by  Acts  of  L896,  No.  35.]  A  justice  may  grant  a 
warrant  for  searching  in  thedaytime,  a  dwelling-house  or  other  place,  *    *;  fish 

or  game  helieved  to  have  been  taken  contrary  to  law,  or  implements  or  device-  for 
taking  fish  or  game,  subject  to  seizure  <>r  unlawfully  possessed;  where  the  disi 
of  such  articles  may  tend  to  convicta  person  of  offense. 
4358— No.  28—07 18 


260  CAME    COMMISSIONS    AND    WARDENS, 

Vermont  Statutes,  1894,  chap.  189,  p.  821. 

Arrest;  Notice;  Complaint  or  information:  Sec  4573.  [As  amended  by  Laws 
of  1906,  No.  152.]  County  or  deputy  iish  and  game  wardens  may  arrest  on  view,  in 
any  place  in  the  state,  a  person  found  violating  a  provision  of  this  chapter,  and  ntain 
him  in  custody  at  the  expense  of  the  state,  until  opportunity  is  given  to  a  complain- 
ing or  informing  officer  to  institute  a  prosecution  against  such  offender;  and  a  fish 
and  game  warden  making,  such  arrest  shall  immediately  give  notice  to  the  grand 
juror  of  the  town,  or  the  state's  attorney  of  the  county  in  which  the  offense  was  com- 
mitted, or  if  the  offense  was  committed  in  an  unorganized  town  or  gore,  to  the  grand 
juror  of  an  adjoining  town  or  the  state's  attorney  of  the  county,  and  explain  the 
nature  and  circumstances  of  the  offense  charged;  and  such  complaining  or  informing 
officer  shall  forthwith  file  a  complaint  or  information  against  such  offender  and 
prosecute  the  same. 

Investigation;  Report:  Sec.  4574.  If  a  fish  and  game  warden  has  notice  that 
there  has  been  a  violation  in  his  town  of  any  of  the  provisions  of  this  chapter,  he 
shall  forthwith  inquire  into  the  same  and  he  may  investigate  any  violation  of  the 
provisions  of  this  chapter  in  any  place  in  the  state;  and  if  he  finds  that  there  has 
been  a  violation  of  any  of  the  provisions  of  this  chapter,  he  shall  state  the  nature 
and  circumstances  of  the  offence  to  the  grand  juror  of  the  town,  or  state's  attorney 
of  the  county  in  which  the  offense  is  believed  to  have  been  committed,  who  shall 
prosecute  the  offender. 

Presumptive  evidence:  Sec.  4623.  [Prohibits  possession  for  transportation  of  any 
game  taken  in  close  season]  and  possession  of  such  fish  or  game  by  a  railroad  or 
express  company,  or  other  common  carrier,  within  the  close  season  for  such  fish  or 
game,  shall  be  presumptive  evidence  that  it  was  taken  in  this  state  in  violation  of 
law. 

Laws  of  1896,  No.  94,  p.   74. 

Presumptive  evidence  :  Sec.  1.  *  *  *  and  the  possession  of  deer  or  any  part 
thereof,  except  in  the  open  season,  shall  be  presumptive  evidence  that  the  pera  d 
having  it  in  his  possession  is  guilty  of  a  violation  of  the  provisions  of  this  section. 
*  *  *  and  having  in  possession  any  moose  or  caribou  in  this  State,  shall  be  pre- 
sumptive evidence  that  the  same  was  killed  in  the  State  contrary  to  law. 

Dogs ;  Prima  facie  evidence  :  Sec  8.  [Added  by  Laws  of  1898,  No.  108,  and 
amended  by  Laws  of  1904,  No.  130.]  Dogs  of  the  breed  commonly  used  for  hunting 
deer,  moose  or  caribou,  and  dogs  of  other  varieties  that  are  known  to  follow  deer, 
moose  or  caribou,  shall  not  be  permitted  by  the  owner  or  keeper  thereof  to  run  at 
large  in  the  forests  inhabited  by  deer,  moose  or  caribou;  and  if  any  such  dog  shall 
be  found  hunting,  pursuing  or  killing  any  deer,  moose  or  caribou,  it  shall  be  prima 
facte  evidence  that  said  dog  was  permitted  to  run  at  large  in  said  forests  and  to  hunt, 
pursue  and  kill  deer,  moose  and  caribou,     *    *    * 

Laws  of  1896,  No.  95,  p.   75. 

Seizure:  Sec  1.  [Prohibits  netting  or  snaring  of  birds  protected  by  close  season,] 
and  such  game  may  be  seized  and  shall  be  forfeited  to  the  prosecutor. 

Presumptive  evidence:  Sec  2.  [Prohibits  hunting  ducks  with  artificial  lights;] 
and  if  a  person  is  found  on  any  public  waters  of  this  state,  or  the  shores  thereof, 
after  sundown,  with  a  firearm  and  torch,  jack  or  artificial  light,  it  shall  be  presump- 
tive evidence  that  he  is  violating  the  provisions  of  this  section. 

Approved  November  23,  1896.  % 

Laws  of  1896,  No.  96,  p.   76. 

Prima  facie  evidence  :  Sec  1.  [Prohibits  killing,  sale  or  possession  of  game  birds 
pn  >tected  by  a  close  season,  except  for  consumption  as  food  within  the  state;]  and  the 
delivery  to  or  reception  by  any  person  or  corporation  within  this  State  of  any  such 


\  I  i;\|u.\  i       VIRGIN  I  A,  261 

- . i r.  1  - .  for  shipment  to  a  point  without  the  State,  shall  l"-  |  ilence 

lie  same  were  killed,  and  ;uv  possessed  within  the  S1  >ther  than 

!  Immult  consumed  ;i-  food  within  the  Si 
Appr  >\  <■'!  N'<  >\  ember  '_'  I.  IStl 

Laws  of  L904,  No.  L98,  p.  L67. 

License;  Game  fund:  -  Such  [nonresident  deer  hunting]   license  shall  be 

:  by  the  tish  and  game  commissioners  of  the  state  upon  application  in  \\  riting 
and  the  payment  of  fifteen  dollars;  and  under  such  rules  and  regulations  to  beeetab- 
I  hy  the  tish  and  -aim-  commissioners  as  may  he  required  to  carry  out  the  intent  of 
, !.  All  money  received  for  such  licenses  shall  be  forthwith  paid  to  the  state 
irer,  and  ma\  he  expended  by  the  lish  and  game  commissioners  in  tin-  pro- 
n  of  li-h  and  game. 

I  ()eto»>er  21,  1904. 

Laws  of  1906,  No.  155. 

License;  Game  fund:  Sec.  1.  [Requires  nonresidents  to  procure  a  license  to  hunt 
ruffed  grouse,    woodcock,  quail,  ducks,   English  snip.',   geese,  and  plover;  fe< 

sued  by  tow  n  clerk,  who  after  deducting  25  cents  as  his  compensation, 
lired  to  remit  the  balance  to  the  fish  and  game  commissioner.] 
Approved  I  December  is  1906. 

VIRGINIA. 

Code  of  1904,  title  27,  chap.  95,  p.  1041. 

Seizure;  Disposition  of  seized  property;  Prima  facie  evidence:  Sec.  2070a 
j  \-  amended  by  Acts  of  1906,  chap.  L':'>7.]  *  *  *  All  sneak  boats,  nets,  trap-  i  r 
reflectors  or  other  unlawful  appliances  so  used  [in  killing  any  game]  or  found  in 
the  possession  of  any  person  -ball  be  seized  by  any  game  warden  or  other  officer  and 
lieM  by  him  as  evidence,  but  the  same  shall  not  be  destroyed  except  by  the  order  of 
the  court  or  justice  having  jurisdiction,  upon  warrants  duly  issued,  which  said  court 
or  justice  shall,  upon  satisfactory  evidence  of  the  guilt  of  the  party,  or  of  the  unlawful 
nature  of  the  article  seized,  order  the  same  to  be  destroyed.  The  possession  of  any 
of  said  guns,  sneak  boats,  nets,  trap-,  reflectors,  or  other  unlawful  appliances  shall 
ma  facie  evidence  of  the  guilt  of  the  person  in  whose  posses-ion  they  are 
found.  The  possession  of  any  of  said  game  birds  or  game  animals,  or  parts 

thereof,  protected  hy  the  laws  of  this  State,  during  the  season  in  which  it  is  unlaw- 
ful to  hunt,  kill,  chase,  or  capture  the  same,  shall  be  prima  facie  evidence  of  the  guilt 
of  the  party  in  whose  possession  they  are  found.     *    *    * 

City  and  county  wardens:  Sec.  2070b.  It  shall  be  the  duty  of  the  city  or  cor- 
don court  of  the  cities,  or  the  judges  thereof,  in  vacation,  on  the  application  of 
five  resident  freeholders  of  any  city,  to  appoint  two  suitable  persons  in  Buch  city  as 
wardens,  whose  jurisdiction  shall  be  confined  to  their  respective  cities,  and 
where  the  b^ard  of  supervisors  of  any  comity -hall,  by  resolution  of  record  in  the 
minutes  of  said  board,  request  the  judge  of  the  circuit  court  for  said  comity  bo 
to  do.  the  said  judge  shall,  upon  the  application  of  five  resident  freeholders  of  any 
magisterial  district  in  said  county,  appoint  one  suitable  person  in  such  magisterial 
district  as  game  warden,  whose  jurisdiction  shall  be  confined  to  said  magisterial  dis- 
trict; when  the  said  appointment  is  made  by  the  judge,  in  vacation,  he  shall  certify 
die  -a i ne  to  the  clerk  of  his  court,  who  shall  enter  the  same  in  the  order  book  of  his 
court  in  the  same  manner  as  if  made  in  term. 

Term:  (2)  The  said  wardens  shall  hold  office  for  the  term  of  four  years  from  the 
date  of  their  appointment,  unless  sooner  removed  from  office,  and  shall  qualify 
according  to  law. 

Powers;  Duties;   Arrest;    Trial;   Warrant:   (3)    It  shall  be  the  duty  of    said 


262  GAME    COMMISSIONS    AND    WARDENS. 

wardens  t<>  enforce  all  statutes  of  this  State,  and  of  the  United  States  now  in  force,  or 
hereafter  to  be  enacted  for  the  protection  and  propagation  of  wild  water  fowl,  game 
birds,  and  game  animals  or  son*:  or  insectivorous  birds.  The  said  wardens  shall  have 
power,  and  it  shall  be  their  duty,  to  arrest  any  person  detected  by  them  in  the  act  of 
violating  any  of  the  aforesaid  laws,  or  any  person  against  whom  a  warrant  shall  have 
been  duly  issued,  upon  the  information  of  any  other  person  for  such  violation,  and 
forthwith  to  carry  such  person  before  a  justice  or  court  having  jurisdiction  over  the 
offense,  who  shall  proceed,  without  unreasonable  delay,  to  hear,  try,  and  determine 
the  charge  against  such  person.  No  game  warden  shall  have  any  right,  under  this 
act,  to  go  upon  the  land  of  another  person  without  the  consent  of  such  other  person, 
until  and  unless  such  game  warden  shall  have  procured  a  search  warrant  in  con- 
formity with  the  provisions  of  subsection  five  of  this  section,  or  shall  have  a  warrant 
for  the  arrest  of  some  person  thereon:  provided,  however,  that  such  game  warden 
may,  without  a  warrant,  arrest  any  person  who  violates  any  of  the  provisions  of  this 
chapter  in  the  presence  of  such  game  warden,  and  should  any  person  violate  any  of 
the  provisions  of  this  chapter  in  the  presence  of  such  game  warden,  such  game 
warden  may  lawfully  follow  such  person  anywhere  in  the  effort  to  arrest. 

Oyster  police;  Reports;  Fees:  (-4)  The  several  commanders  of  the  oyster  police 
boats  of  this  Commonwealth  are  hereby  constituted  game  wardens  of  this  State,  whose 
jurisdiction  as  such  wardens  shall  extend  over  the  lands  and  waters  of  this  Common- 
wealth within  their  several  jurisdictions  as  commanders.  They  shall  enforce  the 
statutes  of  this  State,  and  of  the  United  States,  for  the  protection  of  game  or  other 
animals  or  birds  protected  by  law,  and  render  report  to  the  board  of  fisheries  of  all 
prosecutions,  and  the  said  board  of  fisheries  shall  publish  the  same  in  their  annual 
report  as  information.  The  commanders  of  the  said  oyster  police  boats  shall  receive 
no  additional  compensation  for  the  performance  of  these  duties,  except  that  in  cam 
of  conviction  they  may  receive  the  fee  provided  for  in  subsection  eight  of  this  section. 

Search:  (5)  Any  court,  judge,  or  justice  having  jurisdiction  over  the  offense,  if 
satisfied  upon  affidavit  that  there  is  reasonable  cause  to  believe  that  any  wild  water 
fowl,  game  birds,  game  animals,  or  song  or  insectivorous  birds,  or  parts  thereof, 
caught,  taken,  killed,  shipped,  or  about  to  be  shipped,  or  in  transit,  contrary  to  the 
laws  of  this  State,  or  of  the  United  States,  are  being  concealed  or  stored  in  any  place, 
shall  issue  a  search  warrant  and  cause  search  therefor  to  be  made  in  any  such  place, 
and  to  that  end  may,  after  demand  and  refusal,  cause  any  building,  enclosure,  or  car 
to  be  entered,  and  any  apartment  in  which  it  is  believed  that  game  is  concealed, 
to  be  examined  by  any  of  said  wardens  or  other  officers  executing  the  warrant: 
provided,  that  the  issuance  and  execution  of  such  search  warrants  shall  be  in  accord- 
ance with  the  issuance  and  execution  of  search  warrants  in  other  cases,  as  provided 
by  law. 

Seizure;  Disposition  of  hunting1  appliances:  (6)  All  game  animals,  wild  water 
fowl,  and  birds  protected  by  law,  or  parts  thereof,  found  under  such  warrant,  shall  be 
seized  by  the  warden  or  other  officer  making  the  search,  and  shall  be  disposed  of  as 
the  court,  judge,  or  justice  having  jurisdiction  may  direct.  All  guns,  gunning,  or 
hunting  appliances  found  in  such  search  shall  be  seized  by  said  warden  or  other 
officer,  and  held  subject  to  the  payment  of  the  fine  prescribed  by  law  for  the  offense 
charged,  and  the  cost  of  prosecution.  If  any  of  the  articles  so  found  be  such  as  are 
not  authorized  by  law,  they  shall,  upon  the  order  of  the  court,  judge,  or  justice  hav- 
ing jurisdiction,  be  destroyed,  and  all  other  of  such  articles  shall  be  sold  at  public 
auction,  after  the  lapse  of  twenty  days  from  the  time  of  seizure,  and  after  such  notice 
as  the  court,  judge,  or  justice  having  jurisdiction  may  prescribe,  unless  the  reputed 
owner  appears  and  acquits  himself  of  the  charge  or  pay  the  fine  that  may  be  imposed 
by  the  court,  judge,  or  justice. 

Resisting  officers:  (7)  Any  person  or  persons  interfering  with  any  of  said  game 
wardens  in  the  discharge  of  their  duty,  or  resisting  lawful  arrest,  shall  be  deemed 


\  reoi  n  i  \. 

.  misdemeanor,  and  on  conviction  thereof  shall  be  fln< 
dollar-  nor  more  than  fifty  dollars 

Disposition  of  penalties;  Wardens*  fees:     v     Ml  fines  and  penalties  im] 
an<l  col leeted  urn  ler  t  he  j  »n» visions  of  this  chapter  shall  be  paid  to  the  Commonwealth, 

addition  to  said  lines  and  penalties  there  shall  !  •  against  the  offender 

conviction,  under  the  provisions  of  tin-  chapter,  ■  fee  of  two  dollars 

and  tit"»\  cents,  which  shall  I k»  collected  as  fines  are  collected  under  the  general  pro 

-  of  law,  and  In-  paid  to  the  warden  who  shall  secure  the  conviction. 

Neglect  of  duty:     9     It'  any  warden  appointed  under  this  section  -hall  refuse  or 

wilfulh  neglect  to  prosecute  any  person  violating  any  of  its  provisions,  or  any  of  the 

•    v  relating  to  wild  water  fowl,  game  birds,  or  game  annual-,  ch 
or  insectivorous  birds,  disappointment  shall  be  revoked  by  the  court  having  juris- 
diction, and  such  warden  shall  he  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
fiction  thereof,  shall  he  lined  not  exceeding  twenty  dollars,  and  the  vacancy  thus 
ted  shall  he  filled  by  the  court  or  judge,  in  vacation. 
License  fees;  Payment  of  wardens;  Reports;  Restocking  covers:    |  10)    All 
\  paid  to  or  collected  by  clerks  of  courts  as  hunting  licensee  shall  constitute  a 
fund  for  the  payment  of  the  said  regularly  appointed  game  wardens  of  this  state,  a- 
.  provided,  and  the  clerk  shall,  after  deducting  a   fee  of  fifty  cents  for  issuing 
such  license,  on  the  first  of  April  of  each  year,  pay  in  equal  amounts  to  the  said  war- 
•  wardens  of  his  county  such  sum  as  may  be  in  his  hands  arising  from  the  L8SU- 
aiHv  of  such   licenses:   provided,  that   no  one  warden  shall   receive  more  from   this 
than  three  hundred   dollars  in  any  one  year,   and  shall   make  return  to  his 
a  detailed  statement  of  such  receipts  and  disbursements:  provided,  that  in  the 
counties  of   Accomac  and    Northampton  the  circuit   court   for   said    counties   shall 
appoint,  on  the  recommendation  of  the  Eastern  Shore  Game  Protective  Association,  the 
game  warden-  of  the  said  counties,  who  shall  make  report  at  regular  intervals  to  said 
ts  laws  shall  provide,  and  the  said  clerks  of  the  court-  of  said  counties, 
upon  the  order  of  said  association,  shall  distribute  among  the  game  wardens  for  said 
counties,  or  as  may  have  been  agreed  upon  by  contract  between  the  -aid  association 
and  said  wardens,  or  in  proportion  to  the  services  which  in  their  judgment  have  been 
rendered  by  them,  respectively,  the  fundsarising  from  the  license  of  non-residents 
provided  for  in  this  chapter,  or  bo  much  thereof  as  may  be  necessary.      Should  there 
surplus  remaining  after  providing  an  efficient  system  of  game  protection  in 
unties  from  the  license  on  non-residents  above  mentioned,  said  association  may 
dng  said  counties  with  game.     The  clerk  shall  pay  to  the  treasurer 
of  said  association  such  sum-  as  may  be  thus  extended,   paying  any  amounts  not 
•1  for  the  purpose  above  mentioned  to  the  auditor  of  public  accounts,  as  pro- 
vided in  section  twenty  hundred  and  seventy  "c." 

Written  permission;  Informers;  Forfeiture:  Sec.  2072.  If  any  person  shoot, 
hunt,  range,  or  fowl  on  the  lands  or  in  the  water  courses  comprehended  within  the 
survey  of  any  proprietor  of  lands  in  the  counties  of  Alexandria,  Fairfax,  Prince  Wil- 
liam, Stafford,  and  King  George,  and  within  five  miles  of  navigable  tidewater,  with- 
out license  in  writing  from  the  owner  or  tenant  of  said  lands,  he  shall,  besides  being 
liable  to  such  owner  or  tenant  in  an  action  for  damages,  forfeit  to  the  informer  three 
dollars  for  the  first  offense,  six  dollars  for  the  second  offense,  and  nine  dollar-  for 
succeeding  offense,  the  forfeiture  in  each  case  to  be  double  if  the  offense  be  com- 
mitted in  the  night  or  on  Sunday:  and  he  shall  likewise  forfeit  to  the  informer  in 
each  instance  his  boat  or  other  means  of  conveyance,  his  guns,  dogs,  and  all  his  shoot- 
ing and  hunting  apparatus  used  in  the  commission  of  the  offense,  and  be  liable  f  >r 
all  costs  and  expenses  incurred  in  apprehending  and  prosecuting  him  f<»r  the  recov- 
ery of  said  forfeiture. 

Seizure;    Disposition  of  seized  property;    Imprisonment:    8b     2073.    Any 
person  violating  either  of  the  two  preceding  section-  may  be  arrested,  and  the  prop- 


264  GAME    COMMISSIONS    AND    WARDENS. 

• 

erty  forfeited  under  the  last  section  may  be  seized  with  or  without  warrant  by  any 
sheriff  or  constable,  or  any  game  warden  of  the  <  !omrnonwealth  within  their  resped 
tive  jurisdictions,  and  held  to  await  judgment.  The  offender  shall  be  carried  befall 
a  justice  of  the  county  in  which  the  offense  was  committed,  and  a  report  be  made  to 
him  of  the  property,  if  any,  seized.  The  justice  shall  proceed  to  try  the  case  and 
give  judgment  thereon.  If  judgment  be  rendered  against  the  offender,  it  shall  he 
for  the  forfeitures,  pecuniary  and  otherwise,  and  the  costs  and  expenses  incurred! 
and  any  property  seized, .adjudged  to  be  forfeited,  shall  be  delivered  to  the  pereotf 
entitled  to  the  forfeiture  in  part  satisfaction  of  the  judgment.  If  the  offender  does 
not  satisfy  the  judgment  in  full,  the  justice  shall  commit  him  to  jail  for  one  month, 
unless  such  satisfaction  be  sooner  made.  If  the  offender  be  acquitted,  any  property 
seized  shall  be  released. 

Recognizance:  Sec  2074.  If  a  person  be  convicted  a  third  time  of  any  of  the 
offenses  mentioned  in  this  chapter,  the  justice  rendering  judgment  therefor  shall 
require  him  to  give  a  recognizance,  with  sufficient  surety,  for  his  good  behavior  lor 
a  year;  and  if  he  fail  to  give  such  surety,  commit  him  to  jail  for  one  month,  unless 
he  sooner  give  it.  Such  recognizance  shall  be  deemed  to  be  forfeited  if  such  person 
commit  any  of  the  said  offenses  within  the  time  limited  in  the  recognizance. 

WASHINGTON. 

Supplement  to  Ballinger's  Codes  and  Statutes,  1899-1903,  p.  599. 

State  warden:  [Sec]  7363a.  There  is  hereby  created  the  office  of  state  game 
warden,  and  the  state  fish  commissioner  «  shall  be  ex-officio  such  officer. 

Powers;  Duties;  County  wardens:  The  state  game  warden  shall  have  full  con- 
trol and  supervision  over  all  county  game  wardens  appointed  in  pursuance  to  any 
statute  now  existing  on  the  statute  books  of  this  state,  and  may  have  the  power  to 
appoint  said  county  game  wrardens  special  deputy  fish  commissioners  for  the  county 
in  which  said  county  game  wardens  may  reside  and  shall  have  general  supervision 
over  the  enforcement  and  execution  of  all  laws  of  this  state  for  the  protection  of 
game  animals,  game  birds,  song  birds  and  game  fish,  and  shall  have  all  the  authority 
and  powers  as  a  peace  officer  conferred  on  county  game  wardens  by  any  law  of  this 
state. 

Report:  The  said  state  game  warden  in  connection  with  his  report  as  said  fish 
commissioner,  shall  annually,  on  December  first,  report  to  the  governor  of  this  state 
a  full  account  of  his  actions  as  said  state  game  warden;  also  the  operation  and  result 
of  all  laws  pertaining  to  the  protection  of  game  animals,  game  birds  and  game 
fish.     *    *    * 

County  wardens;  Peace  officers;  Forest  rangers;  Search:  [Sec]  7364.  It 
is  hereby  made  the  duty  of  every  game  warden  so  appointed,  [by  county  commis- 
sioners] and  every  sheriff,  deputy  sheriff,  constable,  city  marshal  and  police  officer, 
within  their  respective  jurisdictions  in  the  state  of  Washington,  to  enforce  all  the 
provisions  of  this  act,  and  all  laws  for  the  protection  of  game  birds  and  animals,  flab 
and  song  birds,  and  such  sheriffs,  deputy  sheriffs,  constables,  city  marshals,  police 
officers,  or  any  forest  rangers  appointed  by  the  United  States  Government,  and  each 
of  them,  by  virtue  of  their  election  and  appointment,  are  hereby  created  and  con- 
stituted ex-officio  game  wardens  for  their  respective  jurisdictions,  and  they  and  each 
of  them,  and  each  and  every  game  warden  so  appointed,  under  the  provisions  oj.  the 
preceding  section,  shall  have  authority,  and  it  shall  be  their  duty  to  inspect  all 
depots,  warehouses,  cold  storage  rooms,  storerooms,  hotels,  restaurants,  markets  and 


« Fish  commissioner  appointed  by  the  governor  for  four  years,  under  a  bond  of 
$5,000,  at  a  salary  of  $2,000  per  annum  and  allowed  $1,000  per  annum  for  traveling 
expenses.  May  apply  to  the  attorney  general  ior  his  opinion  upon  any  law  affecting 
his  official  duties. 


w  kSHINGTON. 

all  pa  boxes,  held  either  for  storage  or  shipment,  which  thej  shall 

n  to  helieve  contain  evidence  ol  the  infraction  of  an 3  "t  the  provisions  of  ilw- 
\n-l  if,  upon  inquiry  said  officer  discovers  thai  sufficient  evidence 
ju-tit\    the  same,   he  shall   .it   once   instistute  proceedings  to   punuth   the  al 
offender*. 

Arrest;  Trial:  Pros. 'rut  me;  officer:  |>i«.|  7366.  \n\  game  warden  : t j •  j >•  > i  1 1 1 * -<  1 
under  the  provisions  of  this  act,  any  sheriff,  depot)  sheriff,  city  marshal,  constable 
or  police  officer,  forest  ranger,  may,  without  warrant,  arrest  an]  person  l>y  him  found 
violating  anj  of  the  provisions  of  t hi>  act,  or  any  other  ad  or  acts  hereafter  ei 

iforced,  al  any  time  for  the  protection  of  game,  ii-li  and  song  birds,  and  t:i k« • 
such  person  or  persons  before  a  justice  of  the  peace  or  municipal  judge  having  juris- 
diction, who  shall  proceed  without  delaj  to  hear,  try  and  determine  the  matter,  and 
give  and  enter  judgment  according  to  the  allegations  and  proof.  All  Buch  actions 
shall  be  brought  in  the  name  of  the  state  of  Washington  and  shall  he  prosecuted  by 
the  prosecuting  attorney  of  the  respective  countii 

Presumptive  evidence:  [Sac.]  7371.  Possession  of  any  of  the  animals  or 

game  birds  mentioned  or  named  herein,  [deer,  moose,  caribou,  antelope,  mountain 
sheep,  mountain  goat,  quail,  Chi  no.-  or  Mongolian  pheasant ,  grouse,  native  pheasant, 
ptarmigan,  partridge,  prairie  chicken,  sage  hen,  wild  duck,  goose,  -wan,  brant,  sand- 
hill crane,  snipe,  rail,  and  plover]  or  any  of  the  meat  of  the  same,  except  tin-  number 
of  .lurk-,  geese,  brant  or  snipe  permitted  to  he  taken  during  the  month  of  November 
of  any  year,  shall  he  {.resumptive  evidence  that  sai.l  animal-,  birds,  or  the  meat  of 
the  same  was  unlawfully  taken  by  the  person  having  possession  of  the  same,  and 
upon  conviction  thereof -hall  be  punished  a-  hereinafter  provided;    *    *    * 

Game  protection  fund;  Satisfaction  of  judgment:  [Sec.]  — .  All  moneys 
received  and  all  fines  collected  under  this  act  shall  he  paid  to  the  treasurer  of  the 
county  in  which  the  suit,  action  or  proceeding  shall  have  been  commenced  and  placed 
by  him  in  the  game  protection  fund  to  he  used  for  the  protection  or  propagation 
of  game  in  said  county,  and  the  prosecuting  attorney,  justice  of  the  peace  or  judge 
of  any  county,  upon  the  payment  of  any  line  or  judgment,  may  satisfy  the  same  of 

record    for  the  state.      *      *      * 

Laws  of  1905,  chap.  172,  p.  349. 

Chief  deputy;  Compensation;  Certificate;  Duties:  Sec.  1.  The  state  game 
warden  shall  appoint  one  chief  deputy  state  game  warden,  who  shall  hold  his  office 
during  the  pleasure  of  the  State  game  warden,  and  shall  receive  a  salary  >'i  fifteen 
hundred  dollars  ($1500)  per  year,  to  he  paid  in  monthly  installments,  by  the  state 
treasurer  on  warrant  drawn  by  the  state  auditor,  and  shall  he  allowed  his  actual 
expenses  of  travel  in  the  performance  of  his  duty,  not  to  exceed  the  Sum  of  -even 
hundred  and  fifty  dollars  ($750)  in  any  one  year;  and  no  payment  of  salary  or  trav- 
eling expenses  shall  be  made  by  the  state  auditor  to  said  deputy  state  game  warden, 
except  upon  certificate  of  the  state  game  warden,  that  the  vouchers  of  the  deputy 
State  game  warden  are  correct,  that  the  services  have  been  faithfully  rendered  and 
the  money  for  traveling  expenses  actually  expended.  The  duties  of  the  chief  deputy 
game  warden  -hall  he  to  enforce  all  the  provisions  of  law  in  reference  to  the  protec- 
tion of  game  and  to  prosecute  all  violations  of  law  in  reference  thereto,  to  direct  and 
supervise  all  acts  of  county  and  special  deputy  game  warden-,  and  to  use  all  lawful 
ways  and  means  to  protect  game  and  t<>  encourage  and  secure  the  propagation 

thereof. 

County  wardens;  Salary:  Sac.  2.  The  county  commissioners  of  the  respective 
counties  of  the  state  of  Washington  are  hereby  empowered  and  authorized  I 

shall,  upon  application  in  writing  of  one  hundred  resident  freeholders  and  taxpayers 
of  said  county,  appoint  a  suitable  person,  who  shall  he  a  resident  and  qualified 
elector  of  said  county,  as  game  warden  of  such  county,  who  shall  he  vested  with  all 


266  GAME    COMMISSIONS    AND    WARDENS. 

the  authority  of  a  sheriff  to  perform  the  duties  prescribed  by  the  laws  of  the  State  of 
Washington  for  the  protection  of  game  animals,  game  birds,  song  birds  and  game 
fish.  Such  game  warden,  so  appointed,  shall  receive  a  salary  of  not  less  than  twenty- 
five  dollar-  ($25)  nor  more  than  one  hundred  dollars  ($100)  per  month  to  be  paid 
monthly  out  of  the  game  protection  fund  of  such  county. 

Powers;  Special  wardens;  Oath;  Responsibility:  Sec.  3.  All  county  game 
wardens  shall  be  ex-officio  deputy  state  game  wardens,  and  shall  have  the  same  powers 
in  the  enforcement  of  the  game  laws  of  the  State  as  the  chief  deputy  state  game  war- 
den, and  shall  be  under  the  direction  and  supervision  of  the  chief  deputy  state  game 
warden.  County  game  wardens  shall  have  power  to  appoint  special  game  wardens 
for  his  county,  such  special  game  warden  shall  receive  no  salary  but  shall  have  same 
authority  as  other  game  wardens;  county  game  wardens  before  entering  upon  their 
duties  shall  take  and  file  with  the  county  auditor  of  his  county  the  oath  of  office  as 
prescribed  for  other  county  officers,  and  shall  be  held  responsible  for  neglect,  or  non- 
performance of  his  duties,  and  the  county  commissioners  of  any  county  may  remove 
the  county  game  warden  at  any  time  for  neglect  or  non-performance  of  duty. 

Approved  March  13,  1905. 

Laws  of  1905,  chap.   147,  p.  277. 

License  fees;  Fines;  Game  fund:  Sec.  1.  [Establishes  resident  and  nonresi- 
dent licenses.]  *  *  *  The  county  auditor  shall  pay  to  the  county  treasurer  all 
such  fees  collected  by  him,  to  be  placed  in  the  game  protection  fund,  to  be  used  by 
the  county  commissioners  for  the  propagation  and  protection  of  game  in  said  county, 
and  the  state  auditor  shall  pay  to  the  state  treasurer  all  such  fees  collected  by  him 
to  be  placed  in  the  game  protection  and  propagation  fund.  All  fines  collected  under 
the  provisions  of  this  act  shall  be  paid  to  the  county  treasurer  of  the  county  in  which 
said  fines  are  collected,  and  placed  by  him  in  the  game  protection  fund. 

State  fund:  Sec  2.  There  is  hereby  created  a  State  fund,  which  shall  be  used 
only  for  the  protection  and  propagation  of  game  animals,  game  birds  and  game  fish 
in  this  State. 

Approved  March  7,  1905. 

WEST  VIRGINIA. 
Code  of  1906,  chap.  62,  p.  1122. 

Game  and  fish  warden;  Salary;  Mileage;  Deputies;  Compensation: 
Sec.  2794.  That  it  shall  be  the  duty  of  the  governor  to  appoint  some  person,  a  resi- 
dent of  this  State,  to  the  office  of  game  and  fish  warden.  Said  warden  shall  hold  his 
office  for  four  years  or  until  his  successor  has  been  appointed  and  qualified,  unless  re- 
moved for  cause  by  the  governor.  He  shall  receive  for  his  services  the  sum  of  one 
thousand  ($1,000.00)  dollars  a  year,  to  be  paid  out  of  the  treasury,  quarterly,  after  being 
duly  audited;  and  shall  be  allowed  mileage  of  three  cents  a  mile  while  traveling  by 
railroad  or  steamboat,  and  ten  cents  a  mile  while  traveling  otherwise  than  b}T  railroad  or 
steamboat,  for  the  distance  necessarily  traveled  for  the  purpose  of  enforcing  this 
act:  provided,  always,  that  the  mileage  expenses  of  said  warden  shall  be  reported 
quarterly  under  oath,  to  the  governor,  and  approved  by  him,  and  he  also  shall  have 
the  power  to  fix  and  limit  from  time  to  time  the  amounts  to  be  so  expended.  Said 
game  and  fish  warden  shall  select  such  person  or  persons  as  he  may  deem  fit,  includ- 
ing any  sheriff,  deputy  sheriff  or  assessor,  to  act  as  deputy  game  and  fish  warden  in 
the  several  counties  of  the  State,  and  if  approved  by  the  governor,  he  shall  appoint 
them  deputy  game  and  fish  wardens.  The  deputy  game  and  fish  wardens  shall 
receive  for  their  services  the  fines"  accruing  from  such  prosecutions  as  maybe  insti- 

«The  constitutionality  of  this  provision  has  been  questioned  in  a  case  now  before 
the  supreme  court  of  the  State. 


U  I  >  I      \  UK,  IN  !A.  267 

l>y  them   respectively,  t >nt  no  money  shall  be  paid  to  them  oaf  of  the 
of  the  State     They  shall  h<>M  their  office*  at  the  pleasure  of  the  game  and  nab 

U'n. 
Dm:  It  shall  be  thedut)  of  the  game  and  t ■ — t *  warden  and  of  his 

the  statutes  of  this  -  the  preaervation  ol 

■ah  ami  game,  and  to  enforce  all  other  laws  of  thia  State  for  the  protection  and  pi 
■ation  of  birds,  ^  i   fish,  nou    in  hereafter  enacted,  and  to  brii 

brought,  and  to  prosecute  or  cause  to  ;  ited,  actions  and  pr 

.  the  name  of  this  State  t<>  punish  any  part  if-  for  the  violation  of  aaid  statutes 
gn«l  laws. 

Powers;  Search;  Prima  facie  evidence;  Seizure:  8»  id  warden  and 

deputies  may  make  complaint  and  cause  proceedings  to  be  commenced  against  any 

r  the  violation  of  game  and  fish  laws  without  the  sanction  of  the 

uting  attorney  of  the  county  in  which  such  proceedings  are  commenced,  and 

•i  eases  they  shall  not  be  obliged  to  furnish  security  for  coatfi      Said  warden 

and  deputies  may  also  api>ear  in  any  court  of  competent  jurisdiction  in  this  State  in 

anv  case  for  \  iolation  of  any  of  the  laws  for  the  protection  or  propagation  of  fish  or 

,  and  prosecute  the  same  in  the  same  manner  and  with  the  same  authority  as 

0he  prosecuting  attorney  of  the  county  in  which  such  proceedings  are  < imenced. 

And  in  such  case,  he  may.  in  tin-  event  of  the  refusal  or  neglect  of  the  prosecuting 
attorney  to  act,  employ  an  attorney  of  his  choice,  and  to  such  attorney,  or  to  the 
uting  attorney,  if  he  shall  act,  there  shall  be  taxed  in  the  costs  upon  conviction 
of  ten  dollars  in  each  case.     Said  warden  and  deputies  -hall   have  power  to 
.  any  person  and  examine  any  boat,  conveyance,  railroad  car,  vehicle,  fish-box, 
askct,  game-bag  or  game-coat,  or  any  other  receptacle  for  game  or  fish,  when 
they  have  good  reason  to  believe  that  they  will  thereby  secure  evidence  of  the  viola- 
tion of  the  laws;  and  any  hindrance  or  interference,  or  attempt  at   hindrance  or 
interference  with  such  search  and  examination,  shall  be  prima  facie  evidence  of  a 
tion  of  the  law  by  the  party  or  parties  who  hinder  or  interfere  with,  or  attempt 
to  hinder  or  interfere  with  such  search  and  examination.     Said  game  and  fish  warden 
and  deputies  shall  at  any  time  and  at  all  times  seize  and  take  possession  of  any  and 
all  birds,  animals  or  fish,  which   have  been  caught,  taken  or  killed  at  a  time,  in  a 
manner,  or  for  a  purpose,  or  had  in  possession  or  under  control,  or  have  been  -hipped, 
try  to  any  of  the  laws  of  this  State.     Such  seizure  may  be  made  without  a 
:it.     Any  court   having  jurisdiction  of  the  offense,   upon   receiving  proof  of 
ble  cause  for  believing  in  the  concealment  of  any  bird,  animal  or  fish  caught, 
.  killed,   had  in  possession,  under  control,  or  shipped  contrary  to  any  of  the 
i  this  State,  shall  issue  a  search  warrant,  and  cause  a  search  to  be  made  in  any 
.  and  to  that  end  may  cause  any  building,  enclosure  or  car  to  be  entered,  and 
any  apartment,  chest,  bar   locker,  crate,   basket    or    package    to    be   broken  open 
and  the  contents  thereof  examined  by  said  game  or  [and]  fish  warden.      All  birds, 
animals  or  fish,  or  nets  or  fishing  appliance-  or  apparatus,  seized  by  the  said  game 
and  tirdi  warden  or  any  of  his  deputies,  or  other  officer  or  officers,  -hall  be  dis] 

such  a  manner  as  may  be  directed  by  the  court  before  whom  the  offense  is 

or  by  any  court  of  competent  jurisdiction,  and  the  proceeds  of  any  sale-,  after 

deducting  all  legal  costs,  shall  be  paid  into  the  treasury  of  the  State. 

Process;  Arrest;  Sunday:  Sec.  2797.  Said  game  and  fish  warden  and  hisdepu- 

lall  have  the  same  power  to  serve  criminal  process  as  sheriffs,  and  shall  have 

-line  right  as  sheriffs  to  require  aid  in  executing  such  pro  i  as      Said  warden  and 

deputies  may  arrest  without  warrant,  any  person  caught  by  him  or  them  in  the  act 

of  violating  any  of  the  aforesaid  laws  for  the  protection  or  propagation  of  birds,  game 

"t"  fish,  and  take  such  person  forthwith  before  a  justice  of  the  peace,  or  other  magis- 

having  jurisdiction.     Such  arrest  may  be  made  on  Sunday,  in  which  case  the 


268  GAME    COMMISSIONS    AND    WARDENS. 

person  arrested  shall  l>e  taken,  before  a  justice  of  the  peace,  or  magistrate  having 
jurisdiction,  and  proceeded  against  as  soon  as  may  be,  on  a  week  day  following  the 
arrest. 

Reports  of  deputies:  Sec.  2798.  Every  deputy  warden  shall  at  the  close  of  each 
calendar  month  report  in  writing  and  in  detail  to  the  game  and  fish  warden  the 
service  performed  by  him  during  the  last  preceding  month,  including  an  account  of 
the  suits  commenced  at  his  instance,  and  the  amount  of  money  received  by  him  for 
lines  imposed  for  a  violation  of  the  provisions  of  this  chapter. 

Report  of  warden:  Sec.  2799.  Said  game  and  fish  warden  shall,  in  the  month  oj 
December  of  each  year,  file  in  the  office  of  the  secretary  of  state  a  report  in  writing 
stating  in  detail  an  account  of  the  suits  instituted  by  him  and  his  deputies,  the  amount 
of  fines  imposed  for  violation  of  said  provisions,  and  the  amount  of  fines  collected. 
The  secretary  of  state  shall  cause  said  reports,  or  so  much  thereof  as  may  be  of  inter- 
est to  the  public,  to  be  transmitted  bi-ennially  to  the  legislature  when  in  session. 

Resisting-  officers:  Sec.  2800.  Any  person  who  hinders,  obstructs  or  interferes 
with,  or  attempts  to  hinder,  obstruct  or  interfere  with  said  game  and  fish  warden,  or 
any  of  his  deputies,  in  the  discharge  of  any  of  their  duties,  shall  be  deemed  guilty  of 
a  misdemeanor,     *     *     * 

Jurisdiction;  Prima  facie  evidence:  Sec.  2759.  [Protects  deer,  wild  turkeys, 
quail,  etc.]  Any  justice  of  the  peace  of  the  county,  wherein  the  offense  was  com- 
mitted, shall  have  concurrent  jurisdiction  of  all  offenses  under  this  chapter  with  the 
circuit  court  of  the  county.  Any  person  found  with  any  recently  killed  venison  oi 
fresh  deer  skins,  wild  turkey,  quail,  pheasant  or  ruffed  grouse,  in  his  possession 
during  the  time  when  the  killing  of  deer,  wild  turkey,  or  quail,  pheasant  or  ruffed 
grouse  is  prohibited  by  this  chapter,  shall  be  presumed  to  have  killed  the  same;  and 
the  reception  by  any  person  within  this  State  of  any  deer,  wild  turkey,  quail,  pheasant 
or  ruffed  grouse  for  shipment  to  a  point  without  the  State  shall  be  prima  facie  evidence 
that  the  said  deer,  wild  turkey,  pheasant,  or  ruffed  grouse,  were  killed  within  this 
State,  for  the  purpose  of  carrying  the  same  beyond  its  limits. 

Clerks;  Market  masters;  Peace  officers;  Duties;  Liability:  Sec.  2785.  [Pre- 
scribes close  seasons  for  game  birds,  limits  bag,  and  prohibits  trapping  and  use  of 
swivel  guns  and  other  devices.]  And  it  is  made  the  duty  of  the  clerk  or  market 
master  of  any  city,  town  or  village,  within  this  State,  to  diligently  watch  and  arrest 
all  persons  violating  the  provisions  of  this  act  by  having  any  game  or  fish,  mentioned 
therein,  unlawfully  in  their  possession  or  vending  the  same  during  any  of  the  periods 
prohibited  by  this  act.  And  it  shall  be  the  duty  of  the  sheriff  and  his  deputies  in 
each  county  of  the  State,  the  chief  of  police  and  his  deputies  in  each  town  or  city 
within  the  State,  and  constables  of  the  counties,  to  inform  against  and  prosecute  all 
persons  who,  there  is  probable  cause  to  believe,  are  guilty  of  violating  any  of  the 
provisions  of  this  act.  And  if  any  of  the  aforesaid  officers,  who  shall  have  beeB 
reliably  informed  that  any  part  of  this  act  has  been  violated,  fail  to  prosecute  the 
offender  they  shall  be  guilty  of  a  misdemeanor,  and  fined  a  sum  not  exceeding 
twenty  dollars. 

Prima  facie  evidence:  Sec  2789.    [Prohibits  possession  and  sale  of  game  birds 
in  close  season,]  and  the  possession  of  such  birds  or  game,  shall  be  prima  facie  evi- 
dence that  the  same  were  killed  or  caught  by  such  person  or  persons,  having  p 
sion  of  the  same,  unlawfully  within  the  State  of  West  Virginia.     *     *     * 

Prosecutions;  Attorney's  fee;  Witnesses;  Exemptions:  Sec  2791.  All  prose- 
cutions under  this  chapter  shall  be  in  the  name  of  the  State  of  West  Virginia,  before 
any  court,  justice  of  the  peace,  mayor,  or  other  officer  having  jurisdiction,  and  in 
any  case  in  which  the  prosecuting  attorney  of  the  county  appears,  a  fee  of  ten  dollars 
shall  be  allowed  to  him  to  be  taxed  as  part  of  the  costs.  And  every  person  called  as 
a  witness  to  any  violation  of  any  of  the  provisions  of  this  act  shall  be  compelled  to 


w  i>  I     VIRGINIA       w  18<  l  >.\M.\  . 

testify  fully,  but  his  testimony  Bhall  not    be  given  in  evidence  against   him,  in  an) 
ution  for  such  offense;  and  no  person  :iLr:im-t  whom  such  witness  shall  so  testify, 
shall  be  competent  as  a  witness  for  the  State  in  the  prosecution  against  such  witnem 
for  the  same  offense  or  matter  as  to  which  said  witn<  tifled,  or  for  any  like 

offense  committed  bj  Buch  \\  itness,  before  the  commencement  of  the  prosecution  in 
which  he  ia  examined  as  such  witm 

License  fees;  Production  of  lioense:  B  Said  license  fee  [nonresident] 

to  be  turned  Into  the  treasury  of  the  State.  Everj  person  claiming  to  hold  :i  hunter's 
-••shall  produce  tin-  saine  for  inspection  whenever  required  by  the  prosecuting 
attorney,  Bheriff,  justices  of  the  peace,  assessors  or  constahlen  * •  I  the  county,  or  game 
and  ti>h  warden,  deputy  warden,  or  owner  of  the  land  on  which  such  licensee  Bhould 
then  be  hunting,  and  if  he  fail  or  refuse,  to  do  bo,  Bhall  be  guilty  of  a  misdemeanor, 
♦    #    * 

WISCONSIN. 
Sanborn  &  Berrymans  Annotated  Statutes,  1898,  chap.  62,  p.  1108. 

State  warden;  Duties;  Salary;  Expenses:  Sec.  L498.  [As  amended  by  Laws 
iA  1903,  chap.  410.]  The  Governor  shall  appoint  a  state  fish  and  game  warden  who 
shall  hold  his  office  for  the  term  of  two  years  from  the  date  of  his  appointment  and 
until  his  successor  is  eh-ctcd  and  qualified,  unless  sooner  removed;  and  any  vacancy 
occurring  during -aid  term  shall  he  filled  by  the  Governor  for  the  residue  of  the  term. 
It  Bhall  be  the  duty  of  Baid  warden  to  secure  the  enforcement  of  the  law  for  the  pres- 
ervation of  fish  and  game  and  to  bring  or  cause  to  he  brought  actions  and  pro* 
ings  in  the  name  of  the  >tate  to  recover  any  and  all  line-  and  penalties  provided  for. 
[He  is  also  required  to  perform  the  duties  of  tire  warden.  J  Such  warden  Bhall  devote 
all  his  time  to  the  duties  of  his  office  and  shall  receive  a  salary  of  eighteen  hundred 
dollars  per  year  and  his  actual  expenses  and  disbursements  to  he  paid  upon  vouchers 
therefor  approved  by  the  ( rOVernor,  to  be  paid  out  of  the  fund  known  as  the  hunting 
license  fund. 

Special  deputies:  Sec.  L498a.  [As  amended  by  Laws  of  L 901,  chap.  358.]  The  said 
warden  may  appoint,  by  an. I  with  the  approval  of  the  ( rOVernor,  two  Bpecial  deputy 
wardens  for  each  congressional  district.  He  may  also  appoint  as  many  additional 
special  deputy  wardens  as.  may  be  necessary  to  carry  out  the  provisions  of  this  act 

County  wardens;  Compensation:  Sec.  1498b.  [As  amended  by  Laws  of  L899, 
chap.  312.]  Whenever  the  county  hoard  of  any  county  shall  hy  resolution  author- 
ise the  appointment  of  county  wardens,  and  shall  tix  the  number  of  the  same  it 
shall  be  the  duty  of  the  county  judge,  district  attorney  and  county  clerk,  acting  as 
a  board  of  appointment,  to  Belect  the  persons  for  such  positions  and  certify  their 
names  to  the  state  fish  and  game  warden,  who  shall,  if  in  his  judgment  such  persons 
will  make  competent  and  efficient  deputy  wardens,  issue  commissions  as  deputy 
wardens  to  such  persons  bo  designated.  The  compensation  of  each  of  Baid  deputy 
wardens  so  appointed  for  such  county  shall  be  fixed  by  the  board  appointing  the 
same,  and  he  paid  out  of  the  county  treasury  the  same  as  salaries  of  other  county 
officers. 

Process;  Arrest;  Seizure:  Disposition  of  seized  property:  Sbc.  L498c.  The 
warden  and  his  deputies  shall  each  have  full  authority  to  execute  and  Berve  all  war- 
rants and  processes  issued  hy  any  justice  of  the  peace  or  police  magistrates  or  by  any 
court  having  jurisdiction  under  any  law  relating  to  fish  and  game,  in  the  same  man- 
ner as  any  constable  may  serve  and  execute  such  process,  and  airesl  without  warrant 
any  person  by  him  detected  in  actually  violating  any  of  the  provisions  of  the  law 
relating  to  tish  and  game,  and  may  take  such  person  bo  offending  before  any  court 
and  make  proper  complaint.  It  shall  further  he  the  duty  of  Mich  warden  and  his 
deputies,  upon  receiving  information  that  any  law  relative  to  fish  and  game  has  heen 


270  GAME    COMMISSIONS    A.ND    WARDENS. 

violated,  to  immediately  cause  a  thorough  investigation  to  l>e  made  and  proceed- 
ings to  be  instituted  it  the  proof  at.  hand  warrants.  Such  warden  and  hie  deputies 
may  seize  and  forthwith  destroy  any  and  all  apparatus  designated  by  any  law  relating 
t<>  fish  and  game  to  be  a  public  nuisance.  It  shall  be  their  duty  t<«  seize  and  confis- 
cate in  the  name  of  the  state  any  fish  or  game  caught,  killed  or  taken  in  violation  of 
any  law  or  had  in  possession  contrary  thereto,  to  sell  the  same  at  public  auction  and 
pay  the  proceeds  to  the  state  treasurer,  less  the  expenses  of  such  seizure  and  sale. 
It  shall  also  be  their  duty  to  seize  and  hold  subject  to  the  order  of  the  court  all 
apparatus,  appliances  or  devises  which  either  of  them  shall  have  reason  to  believe  is 
being  used  in  the  violation  of  the  fish  and  game  law,  and  which  is  not  designated  by 
law  as  a  public  nuisance,  and  if  it  be  proven  that  the  same  is  or  has  been,  within  six 
months  previous  to  such  seizure,  used  in  violation  of  law  the  court  before  which  tin- 
said  apparatus,  appliance  or  device  is  taken  may  order  the  destruction  or  sale  of  the 
same  to  the  highest  bidder,  after  having  declared  it  confiscated  to  the  state.  If  sold 
to  the  highest  bidder  the  warden  or  deputy  selling  it  shall  remit  t<  -  the  state  treasurer 
the  amount  received  therefor,  less  the  expense  of  seizure  and  sale. 

Peace  officers:  Sec.  1498e.  All  sheriffs,  deputy-sheriffs,  coroners  and  police  officers 
are  ex  officio  deputy  fish  and  game  wardens,  and  it  shall  be  the  duty  of  each  of  them 
to  assist  the  state  warden  or  his  deputies  in  the  enforcement  of  the  fish  and  game 
law  upon  notice  being  given  to  either  of  them  that  a  violation  of  law  has  been 
brought  to  the  attention  of  such  warden  or  either  of  his  deputies.  • 

Attorney -general:  Sec  1498f.  The  attorney-general  and  his  assistants  shall 
advise  the  state  warden  concerning  the  discharge  of  his  duties  and  assist  him  in  the 
enforcement  of  the  fish  and  game  law.  aid  in  the  prosecution  of  cases  arising  under 
such  law  or  in  which  said  warden  or  any  of  his  deputies  shall  be  interested  as  such 
officers,  and  conduct  the  prosecution  when  for  any  reason  said  warden  shall  deem 
such  prosecution  necessary;  assist  him  in  the  investigation  of  matters  relative  to  the 
law  protecting  fish  and  game  and  the  violations  thereof  in  such  manner  and  at  such 
times  as  shall  be  necessary. 

District  attorney:  Sec  1498g.  It  shall  be  the  duty  of  every  district  attorney  to 
prosecute  actions  for  violations  of  the  law  relating  to  fish  and  game,  when  complaint 
is  made  by  the  state  fish  and  game  warden  or  any  deputy,  if  his  presence  at  the  trial 
of  such  offender  against  such  laws  shall  be  deemed  necessary  by  the  magistrate  before 
whom  the  same  shall  be  brought. 

Disposition  of  fines;  Game  fund:  Sec  1498h.  [As  amended  by  Laws  of  1899, 
chap.  312.]  The  fines  collected  under  the  laws  regulating  the  taking,  possession, 
killing  or  transportation  of  fish  and  game,  including  the  violations  of  the  acts  rela- 
tive to  the  granting  and  holding  of  licenses  to  hunt  certain  game,  shall  be  paid  by 
the  magistrate  to  the  county  treasurer,  and  one-third  of  said  amounts  so  received  as 
fines  shall  be  by  said  treasurer  designated  and  set  apart  as  a  fund  for  the  protection 
of  fish  and  game  and  to  reimburse  the  county  for  the  moneys  which  it  shall  expend 
for  the  enforcement  of  the  fish  and  game  laws. 

Nonliability:  Sec  1498j.  In  the  performance  of  his  duties  as  warden  or  deputy 
warden  each  of  them  shall  be  exempt  from  any  and  all  liability  to  any  person  for 
acts  done  or  permitted  or  property  destroyed  under  and  by  virtue  of  the  authority 
of  law. 

Public  nuisance;  Seizure;  Sale  of  seized  game:  Sec  1498k.  It  shall  be  the 
duty  of  the  warden,  each  of  his  deputies  and  of  every  sheriff,  deputy-sheriff,  con- 
stable or  other  peace  officer  to  destroy  forthwith  any  article  or  thing  declared  by  law 
to  be  a  public  nuisance  when  found  or  taken  in  the  unlawful  use  which,  according 
to  law,  makes  the  same  a  public  nuisance;  and  no  liability  shall  be  incurred  to  the 
owner  or  any  other  person  for  such  destruction.  Said  warden  and  each  of  his 
deputies  may  seize  and  take  possession  of,  in  the  name  of  the  state,  any  fish,  venison, 
birds,  fowd  or  game  caught,  taken  or  killed  or  had  in  possession  contrary  to  the  pro- 


WISCONSIN.  271 

visions  of  law  relative  to  fish  and  game;  and  mch  Hah,  venison,  birds,  fowl  01 
caught,  taken  or  killed  or  had  In  possession  contrary  to  the  provisions  of  la 
hereb)  declared  to  be  contraband  and  shall  be  soldo  by  the  warden  or  his  deputy  to 
the  highest  biddei  1  and  any  person  purchasing  1 1 » •  -  same  shall  have  the  right  to 
or  dispose  <»i  the  Baine  in  tin-  -a  me  manner  as  though  the  said  fiah,  venison,  birds 
fowl  or  game  had  been  caught,  taken,  killed  or  were  had  in  possession  in  accordance 
with  the  provisions  of  law,  anything  to  the  contrary    notwithstanding;     *    *    *. 
The  right  to  have  iii  possession  and  dispose  of  such  fish  or  game  so  seized  and  sold  shall 
expire  1  i  \  *  ■  days  after  the  date  of  the  sale,  and  the  protection  to  the  purchaser  given 
1>\  tlu<  Bection  shall  then  cease.     [  Last  sentence  added  bj  Laws  of  1899,  chap.  312. 1 

Report:  S»     14981.   [  ^s  amended  by  Laws  of  1899,  chap.  312.]  On  or  before  the 
thirty-first  daj  of  I  ►ecember  in  each  year  the  state  fish  and  <_r:n  1  m  •  warden  shall  n 
to  the  governor  the  transactions  of  hie  department,  including  the  work  of  himself 
and  deputies  and  such  other  information  as  may  be  valuable  to  the  state  concerning 
the  enforcement  of  the  fish  and  game  laws  during  the  year  preceding. 

Public  nuisances;  Destruction:  Sbc.    1498o.      [As   amended   by  haws  of   1899, 

chap.  312.]     The  following  are  declared  to  be  public  nuisances: 

******* 

;.  Any  nets  Bpread  upon  or  under  the  Burface  of  any  of  the  waters  of  the  state  which 
shall  <>r  might  entrap  or  ensnare  any  wild  fowl  of  any  kind. 

Yny  trap,  snare-.  Bpring  gun,  set  guns  or  other  device  or  contrivance  which 
might  entrap,  ensnare  or  kill  any  animals,  birds  or  water-fowl  protected  by  law. 

\ny  boats,  lamps  or  lights  when  used  in  the  unlawful  taking  or  attempting  to 
take  fish  or  game. 

7.  Any  pivot  or  swivel  gun  or  other  firearm,  not  habitually  held  at  arm's  length 
and  discharged  from  the  shoulder,  while  the  same  shall  be  in  unlawful  use. 
******* 

\  ny  boat,  floating  raft,  box  or  blind  set  in  open  water  or  outside  a  natural  growth 
of  grasses  or  rushes  sufficiently  high  to  conceal  the  boat,  raft  or  blind,  or  an  artificial 
blind  set  in  open  water  for  the  unlawful  pursuit,  hunting  or  shooting  of  any  wild 
■  luck,  goose  or  brant. 

10.  All  dec..ys  Bet  in  any  of  the  waters  of  the  state,  during  the  close  season  for  the 
hunting  of  any  variety  of  water-fovi  I  as  prescribed  by  law,  and  any  decoys  set  in  the 
water  more  than  two  hundred  feet  from  the  cover,  which  said  cover  shall  be  construed 

to  mean  the  weed-,  rushes  or  other  vegetation  in  which  the  hunter  may  locate,  or  any 
place  in  which  the  hunter  -hall  wholly  or  partially  conceal  himself. 

11.  The  unlawful  u>e  «.f  any  of  the  articles  mentioned  in  this  section,  contrary  to 
the  provisions  of  law.  shall  forfeit  the  same  to  the  state,  and  upon  their  being  found 
under  any  of  the  conditions  which  shall  render  them  public  nuisance-  as  specified 
herein  they  may  be  immediately  destroyed. 

Examination  of  license  records:  Sec.  L498t.  [As  amended  by  haws  of  L899, 
chap.  312.]  The  state  fish  and  game  warden,  or  either  of  his  deputies  may,  at  any 
time  examine  the  records  of  licenses  issued  by  county  clerks. 

Annotated  Statutes,  1898,  chap.  185,  p.  2753. 

Decoys;  Hunting-  license  fund:  Sec.  4.">»;:5h.  [As  amended  by  haws  of  1903, 
chap.  4.">7,  prohibiting  use  of  more  than  l'">  decoy-  in  hunting  aquatic  fowl.]  All  de- 
coys used  in  violation  of  the  provisions  of  this  section  are  hereby  declared  to  be 
Contraband,  and  may  he  seized  and  sold  to  the  highest  bidder  under  the  direction  of 
the  game  warden,  and  the  net  proceeds  of  the  sale  togo  into  the  hunting  li< 
fund. 


\,-t  of  put; 


272  GAME    COMMISSIONS   AND    WARDENS. 

Confiscation  of  guns,  &c. :  Sec.  4565c.  [As  amended  by  Laws  of  1905,  chap. 
514.  Establishes  close  seasons  for  rabbits,  squirrels,  and  fnr-bearing  animals.]  All 
guns,  traps,  boats  or  other  implements  used  in  violating  any  pro  visions  of  this  sec- 
tion, and  all  game  taken  in  violation  thereof  may  be  seized,  confiscated  and  sold  by 
any  warden  as  provided  by  law.     *     *     * 

Laws  of  1899,  chap.  312,  p.  562. 

Deputies'  reports;  Statistics:  Sec  3.  [As  amended  by  Laws  of  1901,  chap.  408.] 
All  deputy  wardens,  whether  special  or  county  shall  make  it  [to]  the  state  fish  and 
game  warden  full  and  complete  reports  of  their  transactions  as  such,  according  to 
the  demand  of  the  state  fish  and  game  warden  and  shall  at  all  times  be  held  subject 
to  his  discretion  and  control  in  the  performance  of  their  duties.  They  shall  also 
gather  and  transmit  to  the  state  fish  and  game  warden  any  and  all  statistical  infor- 
mation relative  to  fish  and  game  as  said  fish  and  game  warden  shall  from  time  to 
time  call  for.     *     *     * 

Special  deputies'  compensation  and  expenses:  Sec.  4.  [As  amended  by  Laws 
of  1901,  chap.  358.]  The  two  special  deputy  wardens  appointed  for  each  congres- 
Bi<  inal  district,  and  the  additional  special  deputy  wardens  who  may  be  appointed 
shall  each  receive  a  per  diem  to  be  fixed  by  the  state  warden,  by  and  with  the  ap- 
proval of  the  governor,  which  per  diem  shall  include  pay  for  such  days  as  each  such 
deputy  shall  be  under  the  direct  order  of  the  state  warden  to  perform  services  in  the 
enforcement  of  the  fish  and  game  laws,  and  upon  certificate  of  said  warden  that  such 
services  have  been  actually  rendered  at  his  instance  and  under  his  direction.  In 
addition  to  the  per  diem  provided  for,  such  deputies  shall  receive  their  actual  neces- 
sary expenses  incurred  while  working  under  the  direction  of  the  state  warden,  which 
expenses  shall  be  paid  upon  vouchers  therefor  approved  by  the  governor  and  coun- 
tersigned by  said  state  fish  and  game  warden. 

Confiscation  of  unmarked  packages:  Sec.  19.  [As  amended  by  Laws  of  1901, 
chap.  358.  Requires  all  packages  containing  game  to  be  marked  so  as  to  disclose  the 
number  of  each  variety  of  birds  or  animals.]  Any  shipment  made  or  had  in  posses- 
sion in  violation  of  this  law  may  be  seized,  confiscated  and  sold  by  any  warden  as 
provided  by  law. 

Confiscation  of  improperly  addressed  packages:  Sec.  20.  [As  amended  by 
Laws  of  1901,  chap.  358.  Requires  consignors  of  game  to  place  name  and  address  of 
shipper  and  name  and  address  of  consignee  upon  every  package  delivered  to  a  com- 
mon carrier.]  Any  shipment  made  or  had  in  possession  in  violation  of  this  law  may 
be  seized,  confiscated  and  sold  by  any  warden  as  provided  by  law. 

Examination  of  packages:  Sec.  22.  It  shall  be  within  the  power  of  every  officer 
charged  with  the  enforcement  of  laws  protecting  fish  and  game  to  examine  and  open 
any  package  in  the  possession  of  a  transportation  company,  which  said  package  he 
shall  suspect  or  have  reason  to  believe  contains  contraband  fish  or  game.  It  is 
hereby  made  the  duty  of  every  common  carrier,  agent,  servant  or  employe  thereof, 
to  permit  any  officer  charged  with  the  enforcement  of  laws  for  the  protection  of  fish 
and  game  to  examine  and  open  any  package  or  parcel  in  the  possession  of  said  com- 
mon carrier,  or  agent,  servant  or  employe  thereof,  which  the  said  officer  so  charged 
with  the  enforcement  of  said  laws  shall  suspect  or  have  reason  to  believe  contains 
fish  or  game  protected  by  the  laws  of  the  state,  and  not  entitled  under  such  law  to 
be  transported,  or  when  the  said  officer  shall  suspect  or  have  reason  to  believe  that 
the  said  package  or  parcel  is  falsely  labeled.  Any  person,  firm  or  corporation  refus- 
ing to  an  officer  charged  with  the  enforcement  of  the  fish  and  game  laws  permission 
to  examine  or  open  any  such  package  or  parcel  or  shall  in  any  manner  hinder  or 
impede  such  action  by  the  said  officer,  shall  forfeit  to  the  state  of  Wisconsin  a  sum 
not  less  than  fifty  dollars  nor  more  than  one  hundred  and  fifty  dollars,  in  the  discre- 
tion of  the  court. 


WISCONSIN. 

Officer  of  another  Stat.-;  L  in}  officer  of  an}  othei  bo  Is 

l»\  the  laws  of  said  state  authorised  or  directed  to  enforce  the  fish  and  game  la 
;.u<-  is  herein  designated  and  declared  an  agent  of  laid  state  within  thii 
An.l  it  Bhall  be  law  nil  for  said  officer  to  lollop  anj  fish  or  game  unlaw  tally  shipped 
br  taki-n  from  bis  state  into  this  state  and  seize  the  same,  and  convey  the  same  back 
t.>  hie  om  n  Btate,  and  bo  far  ae  i  onoerns  said  fish  or  game  so  Bhipped  or  brought  from 
■aid  state  into  this  Btate,  the  laws  of  tin-  state  from  which  the  same  was  brought  int.  ► 
ihis  state  -hall  be  ileclared  to  be  and  are  hereby  constituted  the  laws  of  this 
jponcern  [ing]  such  fish  or  game.     And  transportation  companii  -  are  berebj  author- 
Led  to  deliver  t..  Buch  officer  of  another  Btate,  upon  submission  of  proper  proof  of 
pis  official  capacity,  an}  fish  or  game  so  demanded  or  seized  by  him.  and  he,  the 
-aid  officer,  is  hereby  authorized  to  take  with  him  Buch  fish  or  game  to  his  on  n  - 
Dr  the  said  agent  may  dispose  of  said  fish  or  game  within  this  Btate,  in  accordance 
with  the  laws  of  the  Btate  from  which  the  same  was  Bhipped,  Buch  disposition  to  be 
Bade  under  the  supervision  <>f  an  officer  of  this  Btate  authorized  and  directed  to 
Enforce  fish  and  game  laws,  and  the  expenses  of  such  officer  for  his  assistance  shall 
be  made  a  lien  upon  such  fish  or  game,  or  the  proceeds  thereof. 

Cold  storage  warehouse:  Sec.  25.  [Prohibits  possession  of  game  out  of  season] 
and  it  is  hereby  made  the  duty  of  any  owner  or  occupant  of  any  cold-storage  ware- 
or  building  used  for  the  storage  or  retention  of  fish  or  game  to  permit  the  entry 
and  examination  of  the  premises  by  any  officer  authorized  to  enforce  fish  and  game 
iaw  -.     And  the  said  ow  mr.  occupant,  or  agent,  or  servant,  or  employe  thereof,  shall 
deliver  to  said  officer  or  agent  any  fish  or  game  in  his  possession  during  the  close 
i  therefor,  whether  the  same  shall  have  been  taken  within  or  without  this 
state,  and   whether  the  same  shall    have  been   taken   law  fully  or  unlawfully.      Any 
.  who  shall  have  in  his  possession  or  under  his  control  any  fish  or  game  pro- 
tected by  the  laws  of  this  Btate,  or  who  shall  refuse  to  permit  any  officer  charged 
with  the  enforcement  of  fish  and  game  laws,  entry  into  any  cold-storage  warehouse, 
ind  possession  of  any  fish  or  game  th  rein  contained,  during  the  close  season  for 
such  fish  or  game,  shall  be  punished  by  a  line  of  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  and   fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  sixty  .lays  nor  more  than  four  months,  or  by  both  such  fine  and  imprisonment 

Officers  of  other  States:  Sec.  27.  The  state  game  warden  of  every  other  state,  and 
his  deputies  and  all  other  officers  charged  with  the  enforcement  of  fish  and  game 
law-  are  hereby  designated  the  agents  of  this  state  for  the  taking  possession  of,  seiz- 
ing, holding  and  disposing  of  any  fish  and  game  protected  by  the  laws  of  this  state. 

Seizure  of  game  illegally  transported:  Sec.  28.  It  shall  he  unlawful  and  is 
prohibited  fur  any  person,  firm  or  corporation  or  common  carrier  to  ship  into,  or 
through  this  state  from  any  other  state  any  fish  or  game  prohibited  by  the  laws  of 
said  state  to  he  shipped  or  transported  and  it  shall  be  the  duty  of  the  state  fish  and 
game  warden  of  this  state  or  his  deputy,  to  seize,  hold,  and  dispose  of,  according  to 
the  laws  of  this  state,  any  fish  or  game  brought  into  or  shipped  into  this  state,  or 
tarried  through,  or  attempted  to  he  carried  through  this  state,  prohibited  to 
shipped  or  transported  by  the  laws  of  any  other  Btate,  and  further  to  dispose  of  the 
lame  according  to  the  laws  of  this  state.    *    *    * 

License  fund:  Sec.  29.  All  such  [hunting]  license  money  so  received  shall 
aside  by  tin-  state  treasurer  and  shall  constitute  a  fund  for  the  payment  of  the  special 
deputy  game  wardens.  The  liability  of  the  Btate  for  per  diem  salaries  and  expenses 
Of  deputy  game  wardens  appointed  under  this  act  or  otherwise  and  for  all  other 
services  and  expenses  incurred,  for  any  purpose  under  or  in  consequence  of  this  act 
shall  he  limited  to  the  license  fees  paid  in  pursuance  of  this  act,  and  in  no  event 
shall  the  state  pay  any  such  salaries  or  expenses  or  he  liable  in  any  manner  therefor, 
except  to  the  extent  of  such  license  fees  received  by  it  under  this  act,  any  contract. 


274  GAME    COMMISSIONS    AND    WARDENS. 

express  or  implied,  of  the  game  warden  to  the  contrary  notwithstanding.  And  said 
game  warden  shall  not  issue  any  voucher,  nor  shall  the  governor  approve  any  voucher, 
if  issued  by  said  warden,  under  the  provisions  of  this  act  or  otherwise  for  any  such 
per  diem,  salary,  services  or  other  expenses  of  any  kind  unless  the  money  to  pay 
such  voucher  received  for  licenses  issued  under  this  act,  shall  at  the  time  be  on  hand 
to  pay  the  same. 
Approved  May  2,  1899. 


Laws  of  1901,  chap.  358,  p.  507. 


License  fund:  Sec.  6.  All  moneys  sent  to  the  state  treasurer  in  payment  of  hunt- 
ing and  fishing  licenses  and  all  moneys  scut  to  the  state  treasurer  by  any  game  warden 
as  the  proceeds  of  any  sale  of  confiscated  fish  or  game"  shall  be  set  aside  as  a  fund 
to  be  known  as  a  hunting  license  fund. 

Confiscation  of  deer  without  coupon:  Sec  28.  [Requires  residents  and  nonresi- 
dents who  kill  deer  to  attach  one  of  their  license  coupons  to  the  carcass.]  Any 
carcass  or  part  of  a  carcass  of  any  deer  had  in  possession  in  or  near  any  hunting  camp 
or  found  in  transit  or  in  any  place  for  sale  or  storage,  without  the  section  of  the 
hunting  license  coupon  mentioned  attached,  may  be  seized,  confiscated  and  sold  by 
any  warden  as  provided  by  law.     *    *    * 

Approved  May  13,  1901. 

Laws  of  1903,  chap.  437,  p.  712. 

Boat,  etc.,  illegally  used:  Sec  14.  Any  boat  together  with  its  machinery,  sails, 
tackle,  and  equipment,  and  any  gun  used  in  violation  of  any  of  the  fish  and  game 
laws  of  this  state,  is  hereby  declared  to  be  contraband  and  may  be  seized,  confiscated 
and  sold  by  any  game  warden,  to  the  highest  bidder,  and  the  net  proceeds  of  sale 
paid  into  the  state  treasury  and  credited  to  the  hunting  license  fund. 

Dog-s:  Sec  24.  *  *  *  Any  dog  found  running  deer  in  this  state  is  hereby 
declared  a  public  nuisance. 

Confiscation  of  hides,  etc. :  Sec  25.  [Amending  sec.  14,  chap.  311,  Laws  of 
1899.  Prohibits  sale  and  transportation  of  green  hides,  heads  and  carcasses,  or  parts 
of  deer  between  Dec.  3  and  Nov.  12,  and  permits  shipment  into  the  state  of  dry 
hides  for  manufacturing  purposes,  from  other  states  at  any  time.]  Any  shipment 
made  and  had  in  possesion  in  violation  of  this  section  may  be  seized,  confiscated  and 
sold  by  any  warden  as  provided  by  law.     *    *    * 

Approved  May  22,  1903. 

Laws  of  1905,  chap.  404,  p.  656. 

Special  deputies;  Commissions:  Sec  1.  All  special  deputy  fish  and  game  war- 
dens shall,  before  exercising  any  of  the  power  and  authority  of  a  warden,  be  provided 
with  a  commission  issued  by  the  State  fish  and  game  warden  under  the  seal  of  his 
department  and  approved  by  the  governor.  Such  commission  shall  contain  the  date 
on  which  the  term  for  which  said  special  deputy  fish  and  game  warden  is  appointed, 
shall  expire,  and  shall  be  substantially  as  follows: 

State  of  Wisconsin. 

Department  for  the  Protection  of  Fish  and  Game. 

To  all  to  whom  these  presents  shall  come,  greeting: 

Know  ye  that  reposing  special  trust  and  confidence  in  the  integrity  and  ability 

of .■ ,  of  the  county  of ,  I  do  hereby,  with  the  consent  and  approval 

of  the  governor,  appoint  and  constitute  him  a  special  deputy  fish  and  game  warden 
for  the  state  of  Wisconsin,  and  do  authorize  and  empower  him  to  execute  and  fulfill 


the  duties  of  thai  office  according  to  Una  until  unless  this  commis- 

sion is  -• "  >ner  rev<  >ked 
[n  testimony  whereof,  I   have  hereunto  Bel  raj  hand  and  affixed  the  §eal  r»l  my 

office  at  Madison,  Wisconsin, thii  -daj  oi . 

proved. 

State  I  i-ii  and  ( iame  Warden. 


a  ernor. 

Identification  card:  S»  2.  The  game  warden  department  Bhall  furnish  each 
and  every  special  deputy  ti>h  and  game  warden  at  the  time  of  his  appointment  ■ 
pocket  identification  card  or  folder  in  form  and  Bubetance  as  follows:  \  Leath<  i 
ered  folder,  Biae  a  hen  folded  three  by  four  inches,  on  one  of  the  inner  sides  thereof 
shall  be  securely  fastened  a  photograph  of  Buch  appointee  to  1"-  furnished  by  him 
and  partly  on  the  photograph  and  partly  of  the  margin  of  such  folder  Bhall  be  an 
impression  of  the  seal  of  the  game  warden  department;  Buch  appointee  Bhall  also 
affix  his  signature  below  the  photograph  on  such  folder.  On  the  other  inner  Bide  of 
such  folder  shall  be  securely  fastened  a  miniature  true  copy  of  the  commission  issued 
h  appointee  which  shall  Designed  by  the  state  fish  and  game  warden.  Such 
appointee  when  exercising  the  authority  conferred  upon  him  shall  on  demand  of 
any  person  to  whom  he  may  represent  himself  as  a  deputy  game  warden,  exhibit 
such  identification  card.  When  on  official  duty,  such  appointee  Bhall  at  all  times 
carry  such  identification  card  on  his  person. 

Impersonating  deputy:  See.  •">.   Any  person  who  .-hall  falsely  represent  himseli 
to  be  a  special  deputy  fish  and  game  warden  or  who  shall  assume  to  act  as  such  with- 
out  having  been   first  duly  appointed  as   herein  provided,  shall  be  punished  by 
imprisonment  in  the  county  jail  not  more  than  six  months  or  by  a  fine  not  to  ei 
one  hundred  dollars. 

Laws  of  1905,  chap.  405,  p.  658. 

Ferrets:  >i:«  .  2.  '  *  *  All  ferrets  used  in  violation  of  this  act  are  hereby 
declared  a  public  nuisance  and   may  be  seized  and  disposed  of  by  the  State  fish  and 

•  warden  in  the  manner  provided  by  law. 

Laws  of  1907,  chap.  287. 

Sale  of  confiscated  game:  Sec.  1.  There  is  added  to  the  statutes  a  new  section 
to  read:  Section  4560a — 11.  All  protected  birds,  fowls  or  animals  confiscated  by  any 
warden  shall  besold  at  the  highest  market  juice,  the  proceeds  thereof  to  be  turned 
into  the  State  treasury  and  credited  to  the  hunting-license  fund. 

The  State  game  warden  or  his  deputies  shall  issue  a  certificate  to  the  person  pur- 
chasing, certifying  that  the  same  was  legally  obtained  from  said  warden.  The  person 
so  buying  said  game  shall  have  three  days  in  which  to  consume  same,  hut  no  pari 
thereof  shall  be  re-sold  by  said  person  purchasing  from  said  State  or  deputy  game 
warden,  provided  that  this  shall  not  be  construed  to  prevent  any  restaurant,  club  or 
hotel  keeper  from  buying  and  serving  said  game  to  guests.  Said  name  shall  be  I 
by  the  game  warden  selling  same,  and  said  tag  Bhall  Bhow  the  date  of  Bale  and  shall 
he  returned  to  the  said  game  warden  within  live  days  from  the  date  of  purchafi 

WYOMING. 

Revised  Statutes,  1899,  Div.  1,  Title  XV,  p.  598. 

State  warden;  Bond:  Duties;  Arrest;  Peace  officers;  Attorney;  Reports; 
Compensation;  Expenses:  Sec.  L'hU.  [As  amended  by  laws  of  l!)i>.">,  chap.  -44.] 
The  Governor  shall  appoint  a  suitable  person  to  serve  as  State  <  iame  Warden,  whose 
duties  it  shall  be  to  protect  the  game  and  fish  of  this  State,  and  to  enforce  the  laws 
relating  thereto.  The  State  Game  Warden  shall  hold  his  office  for  four  years  and 
1358 — No.  28—07 19 


276  GAME    COMMISSIONS   AND    WARDENS. 

until  his  successor  is  appointed  and  qualified.  Before  entering  upon  the  duties  of 
his  offiee  the  State  (nunc  Warden  shall  execute  a  bond  to  the  State  of  Wyoming  in 
the  penal  sum  of  ($3, 000)  three  thousand  dollars  conditioned  for  the  faithful  per- 
formance of  his  duties,  and  his  bond  shall  be  approved  by  the  Governor.  The  Gov- 
ernor.shall  have  power,  at  any  time,  to  remove  the  State  Game  Warden,  for  miscon- 
duct or"  neglect  of  his  duties,  upon  written  charges  duly  preferred;  but  the  State 
Game  Warden  shall  he  heard  in  his  own  defence.  He  is  hereby  authorized  1 1  arrest, 
without  warrant,  any  person  or  persons  found  violating  any  of  the  provisions  of  the 
game  and  fish  laws  when  detected  in  the  actor  found  with  game  or  fish  in  their 
3sion  at  the  time  of  arrest.  The  State  Game  Warden  shall  be  an  active  execu- 
tive officer,  and  shall  at  all  times  when  possible  take  the  field  in  person,  in  the  per- 
formance of  his  duties.  He  shall  personally  supervise  the  protection  of  all  game,  and 
the  detection  and  punishment  of  violators  of  the  game  and  fish  laws.  *  *  * 
Whenever  the  State  Game  Warden,  or  his  legal  assistants,  meet  with  resistance, 
when  attempting  the  arrest  of  any  person  or  persons,  for  a  violation  of  the  game  or 
fish  laws,  he,  or  his  assistants  shall  have  power  and  authority  to  call  upon  any  peace 
officer  or  any  citizen  of  Wyoming  to  assist  in  making  such  arrest.  The  State  Game 
Warden  is  hereby  authorized  to  employ  an  attorney  to  prosecute  violators  of  the 
game  and  fish  laws,  when  deemed  necessary,  such  attorney  to  be  paid  from  the  State 
game  fund.  Provided,  that  not  more  than  ($200)  two  hundred  dollars  per  annum  be 
expended  in  this  manner.  The  State  Game  Warden  shall  be  required  to  make  an 
annual  report  to  the  Governor,  and  all  Assistant  Game  Wardens  be  required  to  report 
monthly  to  said  State  Game  Warden.  The  State  Game  Warden  shall  be  paid  the 
sum  of  ($1,500)  fifteen  hundred  dollars  per  annum,  payable  monthly  from  the  gen- 
eral fund  of  the  State  together  with  an  allowance  of  ($200)  two  hundred  dollars  per 
annum  for  contingent  expenses. 

Assistant  wardens;  Compensation;  Bond;  Forest  rangers:  Sec.  2102. 
[As  amended  by  Laws  of  1903,  chap.  44.]  The  State  Game  Warden  shall  have 
power  to  appoint  such  assistants  as  are  necessary,  in  the  various  counties  of  the 
State,  to  properly  enforce  the  laws  and  he  is  hereby  authorized  and  directed  to 
appoint  three  Assistant  Game  Wardens  from  different  parts  of  the  State,  no  two 
to  be  appointed  from  any  one  county,  to  be  paid  an  annual  salary  of  (S900)  nine 
hundred  dollars,  each,  payable  quarterly  out  of  the  State  Game  Fund,  and  he  is 
hereby  authorized  and  directed  to  appoint  one  or  more  special  Assistant  Game  War- 
dens as  the  emergency  may  demand,  in  any  county  of  this  State:  said  special  Assist- 
ant Game  Wardens  to  be  paid  the  sum  of  three  dollars  per  day  during  the  time  of 
actual  service.  All  salaries  to  be  paid  from  the  State  game  fund  after  the  accounts 
have  been  approved  by  the  State  Game  Warden.  The  three  Assistant  State  Gam« 
Wardens  shall  execute  a  bond  to  the  State  of  Wyoming  in  the  penal  sum  of  (81.000) 
one  thousand  dollars  each,  and  all  special  Assistant  Game  Wardens  shall  execute  a 
bond  to  the  State  of  Wyoming  in  the  penal  sum  of  (8500)  five  hundred  dollars  each, 
conditioned  for  the  faithful  performance  of  their  duties,  said  bond  to  be  approved  by 
and  filed  with  the  State  Game  Warden;  and  they  shall  have  the  same  power  to  make 
arrest  as  the  State  Game  Warden.  Their  commissions  may  be  revoked,  at  any  time 
for  good  and  sufficient  cause,  by  the  State  Game  Warden.  Provided  that  persons 
employed  in  this  State  by  the  Federal  Government  for  the  protection  of  the  various 
forest  reserves  and  known  as  '"' forest  rangers  "  may  be  appointed  special  Assistant 
State  Game  Wardens  without  pay  or  bond,  and  at  the  pleasure  of  the  State  Game 
Warden.  And  it  is  hereby  declared  by  the  Legislature  of  the  State  of  Wyoming, 
that  the  office  of  "forest  rangers''  under  the  Department  of  the  Interior"  of  the 
United  States  shall  not  be  incompatible  with  the  office  of  special  Assistant  Game* 
Warden,  within  the  meaning  of  Section  19  of  Article  6  of  the  Constitution  of  the  state 

"Now  under  the  Department  of  Agriculture. 


WT0MI1 

,,i  Wyoming      !•  •    F  n  shall  file  with  the  Governor  .1  list  of  all 

stant  and  Special   \  en*  appointed  b)  him. 

Appropriation;  N  fduty    Bm    2103.  |  Is  amended  b)  Lawe  of  1905,  chap, 

rhereis  h<  rebj  appropriated  out  of  the  monies  of  this  8tate,  nol  otherwise  appro* 

1,  the  sum  <>i  ^l'.ihni   two  thousand  dollars  .  or  so  much  thereof  ;i-  m 

essary  for  the  \«  redited  to  the  State  i  rame  Fond  a-  hereinafter  provided 

lor,  u  henever  the  attention  of  the  State  Game  Warden  or  any  Assistant  State  Game 

en,  Sheriff,  I>«'|.ut\  Sheriff  or  Constable,  is  called  to  any  violation  of  any  of  the 

of  this  title,  ami  he  shall  fail  to  take  proper  Btepe  for  the  arrest  and  <-<»n- 

\  iction  of  any  perw r  corporation  charged  with  such  violation,  he  -hall  be  deemed 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  Ik-  fined  in  a  sum  uot  less 
than  tiny  nor  more  than  two  hundred  dollars,  and  shall  have  his  commission  revoked. 

Prima  facie  evidence:  Bbc.  2106.  [As  amended  by  Laws  of  L907,  chap.  102.] 
*  *  *  it  at  any  time  any  person  -hall  Ik-  found  in  | — ession  «>t"  any  partri 
prairie  hen.  prairie  chicken,  grouse,  or  Bage  chicken,  at  any  other  time  than  between 
the  dates  above  mentioned  [close  season]  or  any  other  fowls  or  birds  mentioned  in 
this  section  [snipe,  greenshank,  tatler,  godwit,  curlew,  avocet,  wader,  plover,  quail, 
lark.  .'!•  'other  insectivorous  birds,'  ]  except  in  the  open  season  therefor,  it  shall  he 
prima  facie  evidence  that  the  same  was  killed,  netted,  ensnared,  or  trapped  by  such 
q  in  violation  of  the  provisions  of  law.     *    *    * 

Prima  facie  evidence:  Sec.  2109.   [As  amended  by    Laws  of    l'.'i'r,  chap.   102. 

Limits   number  of  game  animals  that    may  hi'  killed.]    The  possession  of  such  car- 

ircasst  ?,  >>r  part  of  carcass,  skin,  scalp,  antlers,  tusks  or  tusk,  in  excess  of  the 

number  allowed  by  the  provisions  of  this  chapter  shall  be  considered  prima  fade 

evidence  of  the  violation  of  this  section.     *    *    * 

Guides;  Responsibility;  Definition  of  g-uide:  Sec.  2110.  [As amended  by  Laws 
of  1907,  chap.  102.]  *  *  *  Every  person  acting  as  guide  in  this  State  shall  I 
Officio  Assistant  Game  Warden  and  shall  file  with  the  state  Game  Warden  his  oath 
of  office  as  such  Assistant  Game  Warden.  Any  guide  who  shall  fail  or  refuse  to 
report  any  violations  of  the  game  or  fish  laws  by  the  persons  employing  him,  or  by 
any  other  person  known  to  or  observed  by  him  violating  said  laws  shall  he  liable  to 
the  penalties  prescribed  in  Section  2116  of  this  act,  and  any  guide  who  shall  fail  or 
to  furnish  a  sworn  report  to  the  >tate  Game  Warden  a-  hereinbefore  pro- 
vided, shall  have  his  certificate  revoked  by  the  Justice  of  the  Peace  who  granted  the 
same  whenever  the  said  State  ( rame  Warden  shall  file  with  said  Justice  of  the  I 
an  affidavit  complaining  that  such  guide  failed  or  refused  to  report  according  to  the 
provisions  of  this  section;  and  any  guide  having  his  certificate  so  revoked  shall  he 
ineligible  to  act  a-  guide  in  this  Mam  for  a  period  of  five  years  from  the  date  of  revo- 
cation of  his  certificate.  The  State  <  rame  Warden  and  his  assistants  are  hereby  author- 
ised and  directed  t<>  keep  a  list  of  all  guides,  \\  hose  certificates  have  been  revoked  and 
to  tile  a  copy  of  such  li-t  with  the  ( 'ounty  (  Jerks  of  the  various  counties  of  this  State  for 
the  information  of  the  Justices  of  the  Peace:  and  it  shall  he  unlawful  for  any  Justice 
<>f  the  Peace  to  issue  a  guide's  certificate  to  any  person  whose  certificate  has  been 
revoked  as  hereinbefore  provided  for,  or  to  any  person  who  may  hereafter  he  con- 
I  of  any  violation  of  the  game  or  6sh  laws  of  this  State.  Every  Guide  who  as 
ax-officio  Assistant  Game  Warden  makes  an  arrest  ami  convict.-  any  offender  of 
any  violation  of  the  game  or  lish  laws  of  this  State  shall  In-  entitled  to  receive  three 
dollars  per  day  for  each  day  actually  employed  in  making  the  arrest  and  securing 
the  conviction:  to  be  paid  from  the  State  Game  Fund,  when  the  account  has  been 
approved  by  the  state  <  rame  Warden.  Any  person  who  shall,  for  pay,  aid  or  assist 
any  person  or  party  in  locating,  pursuing,  hunting,  and  killing  any  of  the  game  ani- 
mal- of  this  State,  shall  be  deemed  a  guide  within  the  meaning  of  this  section. 

Search  of  camps,  etc.:  Sec.  lM12.    [As  amended  by  Law- of  1905,  chap.  69.] 
*    That  the  State  Game  Warden  and  his  assistants  and  all  Sheriffs  and  ('on- 


278  GAME    COMMISSIONS    AND    WARDENS. 

stables  of  this  State  shall  have  the  right  to  search  any  camp,  camp  outfit,  pack  or 
pack  animals  for  carcasses,  hides,  scalps,  or  tusks,  or  other  parts  of  animals  killed  in 
violation  of  the  provisions  of  this  chapter. 

Production  of  license;  Separate  offense;  Jurisdiction:  Sec.2113.  [As  amended 
by  Laws  of  1903,  chap.  44.]  It  shall  be  the  duty  of  all  persons  holding  licenses 
[hunting]  as  herein  provided  for,  to  produce  the  same  when  demanded  by  any  duly 
authorized  officer  of  the  law.  Each  act  of  pursuing,  killing  or  hunting  of  any  of  the 
animals  mentioned  in  this  chapter,  without  a  license,  shall  be  considered  a  distinct 
and  separate  offense.  The  several  district  courts  of  this  State  shall  have  original 
jurisdiction,  as  well  as  Justices  of  the  Peace,  of  any  violation  of  the  provisions  of 
sections  2107  to  2115  inclusive. 

Disposition  of  license  fees:  Sec.  2114.  [As  amended  by  Laws  of  1907,  chap, 
102.]  All  moneys,  collected  for  licenses  and  for  certificates  to  guides,  as  herein  pro- 
vided, shall  within  thirty  days  after  the  receipt  of  the  same  by  any  Justice  of  the 
Peace,  be  paid  into  the  State  Treasury.  Every  Justice  of  the  Peace  shall  also  furnish 
the  State  Treasury,  with  each  remittance,  a  list  of  the  names  of  all  persons  who  have 
secured  from  him  licenses  and  guide  certificates  and  the  date  of  such  licenses  and 
certificates.  All  moneys  so  paid  into  the  State  Treasury  shall  be  credited  to  the 
general  fund. 

Taxidermists:  Sec.  2120.  [As  amended  by  Laws  of  1905,  chap.  69.]  *  *  * 
All  professional  taxidermists  who  mount  specimens  of  game  animals,  birds  or  fish 
for  profit  shall  be  required  to  keep  posted  in  a  conspicuous  place,  in  their  respective 
shops  or  offices,  a  list  of  the  names  of  all  persons  who  furnish  them  with  raw  or 
unmounted  specimens;  and  such  taxidermists  shall  be  required  to  exhibit  such  list, 
together  with  all  unmounted  specimens  in  their  possession,  to  the  State  Game  War- 
den or  his  Assistants  upon  request.     *    *     * 

County  warden;  Compensation;  Oath;  Neglect  of  duty;  Deputies: 
Sec.  2124.  [As  amended  by  Laws  of  1903,  chap.  44.]  For  the  more  certain  detec- 
tion and  punishment  of  the  violators  of  the  provisions  of  this  title  the  Board  of 
County  Commissioners  of  any  county  may,  in  their  discretion,  appoint  a  Game  and 
Fish  Warden  for  the  county,  who  shall  hold  his  office  during  the  pleasure  of  said 
Board,  and  shall  be  subject  to  removal  at  any  time.  He  shall  receive  such  com- 
pensation as  the  Board  of  County  Commissioners  may  determine,  which  shall  be  at 
a  rate  not  to  exceed  three  dollars  per  day  for  the  time  actually  and  necessarily 
employed  by  him  in  the  discharge  of  his  duties,  and  he  shall  be  paid  out  of  such 
funds  as  the  Board  may  direct.  Before  entering  upon  his  duties  he  shall  take  and 
subscribe  an  oath  before  some  officer  authorized  by  the  laws  of  the  State  to  admin- 
ister oaths,  to  faithfully  perform  the  duties  of  his  office.  Whenever  the  attention  of 
the  County  (Tame  and  Fish  Warden  is  called  to  any  violation  of  the  provisions  of 
this  title,  and  he  shall  fail  to  take  proper  steps  for  the  arrest  and  conviction  of  any 
person  or  persons  or  corporation  charged  with  violating  any  of  the  provisions  of  this 
title  he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  lined 
in  any  sum  not  greater  than  one  hundred  dollars  and  shall  have  his  commission 
revoked.  Provided,  that  nothing  in  this  chapter  shall  prevent  the  State  Game 
Warden  from  appointing  such  deputies  in  each  county  as  he  deems  necessary,  as 
hereinbefore  provided.     *    *    * 

Disposition  of  fines:  Sec  2125.  [As  amended  by  Laws  of  1903,  chap.  44.]  Upon 
the  arrest  and  conviction  of  any  person  or  persons  violating  any  of  the  provisions  of 
the  Game  and  Fish  Laws  the  whole  of  the  fine  shall  be  paid  into  the  general  School 
Fund. 

Arrest;  Seizure;  Sale  of  seized  game;  Game  fund:  Sec  2126.  [As  amended 
by  Laws  of  1905,  chap.  69.]  Any  officer  authorized  to  enforce  the  Game  and  Fish 
Laws  of  this  State  may,  without  process,  arrest  any  violator  of  any  of  the  provisions 
of  this  chapter,  and  such  officers  shall  with  diligence  cause  such  person  to  be  taken 


WYOMING.  _  i  •' 

e  the  pn '[•«•!<  ••in  t  for  trial  01  examination,  which  trial  or  examination  -kill  i>«- 
bad  u | «.'ii  complaint  <t  information  ae  non  provided  by  law.     Anj  officer  authi 
ho  enforce  the  game  and  fish  laws  of  this  State  may,  at  an 3  time,  seise  and  take  into 

ly  an\  li-li.  carcase  or  part  thereof,  tusk,  hide,  scalp,  or  head  which  is  held  In 
l — -  —  i . » 1 »  in  violation  of  law,  or  has  l)een  obtained  In  violation  of  law,  and  such 

or  fish  shall  t>e  Hold  to  the  best  advantage,  and  the  monej  derived  from  the 
thereof  shall  be  paid  into  the  State  Treasury  i"  be  credited  to  the  State  Game 
Fuiul. 

Laws  of  1907,  chap.  47,  p.  52. 

•  prohibiting  rapture,  destruction  or  mutilation  of  game  animals  for  their  heads,  antlers,  horns, 

or  tui 

Reward:  S»  .  2.  The  State  Grame  Warden  Is  hereby  authorized  to  offer  a  reward 
pot  to  exceed  three  hundred  dollars  for  evidence  leading  t<>  the  arrest  and  conviction 
of  any  person,  <>r  persons,  violating  the  provisions  of  Section  I.  hereof,  which  reward, 
when  certified  by  the  state  Grame  Warden,  shall  be  paid  out  of  the  Btate  game  funds. 

Approved  Feb.  16,  1907. 


I  X  1 1 1  X 


ts,  hunting    - 
gallon,  modi 

Injunctions,  BO  II. 

replevin.  1i 
Administration  of  game  laws,  43-59. 
Aid  in  arrest 
Alabama,  law,  !S; 

nunary,  100-101. 

Alaska,  law,  141. 

nary,  101. 

ition  of  hunting  licenses,  S4. 
tment,  city  ward.-- 

con  miatj  mere,  it>. 
county  wardens 

di-trict  ward  'lis.  26. 

-   ite  wardens,  20. 

•priations,  10-41,  ^2,83. 
in  1906,  10. 
Ari/.«>na.  law,  141-1 12. 

summary,  101. 
Arkansas,  law,  142-143. 
summary,  101. 
;3-53. 

aid  In,  60-61. 
California.  39. 
extradition,  nl-53. 
power  of,  43. 
Sunday.  44. 

trespassers,  by  landowners,  51. 
without  warrant,  45-49. 
Attempts  to  violate  law,  43. 
Attorneys,  60-61. 

B,  61. 
Audubon  Society,  Michigan,  selection  of  ward- 
ens, a 
North  Carolina,  warden  serv- 
ice, li 
South  Carolina,  warden  serv- 
ice, 18,30. 
Bip  Lake  Shooting  Club.  B0.81, 
Bitteuhaus  v.  Johnson,  79. 
Blinds,  nuisances  in  Wisconsin,  59. 
Board  of  ti^h  and  panic  commissioners,  first,  12. 
Board  meetings,  commissioners,  17. 

- 
Bohemia  River,  policeman,  31. 
ommissioners',  16. 
COQnty  wardens',  24. 
state  wardens',  21. 
California,  arrests  and  prosecutions,  39. 
law,  143-145. 
summary,  101-102. 
warden  system,  27. 
Cameron  r.  Territory.  229. 
Cecil  County,  Md.,  ducking  police,  31. 
Certificate  01  purchase.  57. 


Charge  to  grand  Jurj    ■ 

Chesapeake  Baj .  ducking  police,  11 
Chisholm  a  Calm 

City  wanlens.  II    1.  26  27. 

Civil  actions,  fa,  ~*  Bl 

Clerks  to  COmmissloneri  and  wardens,  24. 
Cold  storage    • 
Colorado,  law,  M">  150. 
summary,  102. 

warden  system,  27. 

Commissioners,  game,  18-19. 
Common  carrier,  right  of  search,  Ifl    t\ 

Compensation,  commissioners,  16-17. 
county  wardens,  2L 
•  ■  warden-    . 
Complaint,  form,  41. 
Compromise  of  Cases  by  wardens,  84. 

Confiscation,  game 

guns, 
•  cticut,  history  of  warden  Bystem,  12-14. 

law.  150-152. 

summary,  104-105. 

warden  system,  27. 
Constables,  warden  duties,  31-88. 
Cooperation  between  Stai 
Cordelia  Shooting  Club,  80-8L 
Coroner-,  warden  duties,  81. 
10,  75. 

Counselman  a  Hitchcock.  70. 

County,  moose  and  panic  warden.  12. 

wardens,  14-15,  24-25. 
Customs  collectors,  warden  dm 
Decisions,  cold  storage,  91. 

confiscation  of  gnu-.  58,  to. 

destruction  of  tish  nel  - 

disposition  of  fines,  42,  76. 

fines,  not  excessive,  71. 

hunting  accidents.  9  I. 

Indians.  91  <   94,  01-95. 

injunction,  so  gi, 

property  in  game  78. 

reward-.  7-.,  77. 

aeisui 
trespass,  80-81. 

Bntenhaus  / .  Johnson,  79. 

Cameron  r.  Territory,  229. 
Cherokee  Trust  Funds,  91. 
Chisholm  v.  Cain< 
Counselman  v.  Hitchcook,  70. 
Ex  parte  BfcMahon,  7»*.. 
Connecticut,  7s. 
Haggerty   a  Bt  Louis  Ice  Manufactur- 
ing and  Storage  Co.,  91. 
Hornbeke  p.  white,  7y. 

In  re  Blackbird,  93. 
In  re  Lincoln,  93. 
In  re  Stone,  71. 

2S1 


282 


GAME    COMMISSIONS    AND    WARDENS. 


Decisions  (cont'd),  Kellogg  i>.  King,  80-81. 
Lawton  v.  Steele,  58,  216. 
McConnell  v.  McKillip,  58,  79. 
MCMahon  v.  State,  71. 
Meul  r.  People,  57,  76-77. 
Osborn  i«.  Charlevoix  Circuit   Judge, 

81,  L84. 
Parrott  v.  Wilson,  77. 
People  v.  Johnson,  79. 
Rockefeller  v.  Lamora,  81. 
Selkirk  v.  Stevens,  94. 
State  ex  rel.  Reynolds  v.  Capital  City, 

D.  C,  80. 
State  ex  rel.  Rodes  v.  Warner,  76. 
State  v.  Campbell,  93. 
State  v.  Cooney,  93-94. 
State  v.  Craig,  71,  176. 
State  v.  De  Lano,  42,  71,  76. 
State  v.  Horton,  90. 
State  v.  Lubee,  71. 
State  v.  Newell,  91. 
State  v.  Poole,  56,  65,  71. 
State  v.  Rodman.  71. 
Thomas  v.  Northern   Pacific  Express 

Co.,  78. 
United  States  v.  Kagama,  92-93. 
Ward  v.  Race  Horse,  94-95. 
Wells  Fargo  Express  Co.  v.  State,  143. 
Deer,  penalties  for  killing,  72-73. 
Delaware  Game  Protective  Association,  18,  36,  46. 
Delaware,  law,  152-155. 

summary.  105. 
Disposition  of  seized  game,  55-56. 
District  of  Columbia,  law  155. 

summary,  105. 
warden  system,  25. 
District  wardens,  26-27. 

State  retaining,  14-15. 
Dogs,  85-87. 

destruction,  85-86. 
public  nuisance,  86. 
training,  89. 
Ducking  police  of  Maryland,  12,  31. 
Ducks  seized  in  Minnesota,  56. 
Eastern  Shore  Game  Protective  Association,  26. 
Elk  River,  Md.,  policeman.  31. 
Evidence,  prima  facie,  65-71. 

special,  65-71. 
Executive  officers  of  commissions,  18. 
Ex  parte  McMahon,  76. 
Extradition,  51-53. 
Fees.  32,  34. 

attorneys,  61. 
Felonies  under  game  laws,  62-63. 
Ferrets,  87. 
Fines,  32, 34, 39, 71-73. 
excessive,  65. 
not  excessive,  71. 
paid  to  wardens,  84. 
First  board  of  fish  and  game  commissioners,  12. 
First  fish  warden.  11. 
First  State  game  warden,  12. 
Fish  commission,  earliest,  12. 
Fish  wardens,  11. 
Florida,  law,  155-157. 

summary,  105-106. 
Forest  Dangers,  32. 


Forest  service  officials,  32. 

Forestry  wardens,  14. 
Forgery,  84. 

Fund,  game  protection,  10,  34-42. 
Game,  confiscation,  56-57. 
property  of  State,  78. 
seizure,  56-58. 
Game  commissions,  15, 16-19. 
constable,  12. 
farm  in  Illinois,  39. 
laws,  number,  9. 
officials,  development,  11-15. 
protection  fund,  34-42. 
protective  association,  police  powers,  12. 
societies,  warden  duties  of  members,  32. 
wardens.  State.  19-24. 
Geer  v.  Connecticut,  78. 
Georgia,  law,  157-158. 

summary,  106. 
Grand  jurors  required  to  prosecute,  32. 
Grand  jury,  charge,  83. 
Guides,  warden  duties,  31-32. 
Guns,  seizure,  46,  47,  48,  49,  58,  59,  79. 
Haggerty  v.  St.   Louis  Ice  Manufacturing  and 

Storage  Co.,  91. 
Harford  County,  Md.,  ducking  police,  31. 
Harrison  v.  Fite,  81. 
Hornbeke  v.  White,  79. 
Hunters,  number  in  United  States,  9-10. 
Hunting  accidents,  89-90. 

licenses,  alteration.  84. 
forfeiture,  85. 
production  on  request,  85. 
revocation,  85. 
on  public  lands,  95. 
paraphernalia,  seizure,  46,47,48,49,59. 
without  license,  penalties,  72-73. 
Idaho,  law,  158-161. 

summary,  106-107. 
warden  system,  27-28. 
Illegal  appliances,  seizure,  58-59. 
Illinois,  game  farm,  39. 
law,  161-165. 
summary,  107-108. 
warden  system,  28. 
Imprisonment.  74-75. 

terms  provided  by  statutes,  73-74. 
Indiana,  law,  165-167. 

summary,  108. 
Indian  depredations,  50-51,  96-98. 
,  Indians,  91-98. 
Informers,  rewards,  75-77. 
Injunction,  80-81. 
In  re  Blackbird,  93. 
In  re  Lincoln,  93. 
In  re  Stone,  71. 
Iowa,  law,  167-169. 

summary,  108-109. 
warden  system.  28. 
Judgment,  suspension,  84. 
Jury,  charge,  83. 

Jurisdiction  throughout  State,  27. 
Kansas,  law.  169-171. 
summary,  109. 
warden  system,  28. 
Kellogg  p.  King,  80-81. 
Kentucky,  law,  171-172. 


IM'1  \. 


! 

publication,  - 

udgment,  84; 
transportation  ..I  seised  gam 

Illinois,  form  of  search  warrant,  >i.  liability 
tor  w  r<  Qgful  n 
-as,  warch 

.  Male'-  i  \ 

dgan,  cooperation  with  other  Btal 

Minnesota,  cold  Btorage,  90;  forfeiture  of  li 
censes,  B5;    search,  '•■• 

■   extraditioi 
-  inday  mr»--t .  14. 
.  York.  State's  ey  Idem  <•.  70. 
i  Dakota,  Indian; 
Pennsj  Ivania,  cos 
Tennessee,  charge  to  grand  jurj    3 
rch  by  common  carriers 
w   -t  Virginia,  search, 

onsin,  extradition,  53;  seizure,  59. 
Law  ton  v,  Steele,  58.  216. 
•'!■'• 

•  in  as  a  source  of  revenue,  34-46. 
Limitation,  statutes,  '.J  64. 
Local  officers,  31. 

ina,  law  .  17.'- 17:;. 
summary,  1 10. 
Maine,  law  .  173-178. 

summitry,  llu-lll. 
warden  system 
■arcbals,  warden  duties,  31,  32. 
Market  masters,  warden  duties  31. 
nd,  law.  17- 

Bummary,  112. 
warden  Bystem,  28. 
husetts,  law.  182-  184. 

summary,  112-113. 
nell  r.  McKillip,  58,  79. 
on  r.  State,  71. 
Menl  r.  People.  57,  76-77. 
Michigan,  history  of  license  system,  35-36. 
law.  184-188. 
summary,  113-114. 

warden  system, 

Minnesota,  law,  ivs-193. 

summary,  114-115. 
warden  Bystem,  29. 

ppi,  law.  193-194. 
summary,  115. 
iri,  law,  194-195. 

summary,  116. 
:ia.  law.  195-200. 
summary,  116-117 
warden  system,  29. 
ardens,  11. 
ska,  law,  201-204. 

summary,  117-113. 
■ure.  46.  47.  4s.  59. 
la,  law,  204-205. 
summary,  119. 
New  Hampshire,  law,  2O5-206. 
summary,  119. 
warden  system,  29. 


nun. 

warden  ij  item 

summer) .  1  .'"-i  ji. 

New    VOTk,  1m.'. 

sum  man  •  l-'1  ; 
warden  system,  - 
Nongame  bird  wardens,  - 
North  Oarollna  audubon  - 
North  Carolina,  law  .  217 
summary 

rden  system,  30. 
North  Dakota,  law,  219  221. 
license  ->  stem, 

128. 
Nui-am  • 

Offenses,  separate,  1 

Offenses  connected  with  bunting  licenses,  84, 

Ohio.  law.  221  226. 

summary,  128-124. 
Office, 
Officers,  local,  31. 

miscellaneous,  :u-33. 

.1.  81. 
subordinate,  26-81. 
Oklahoma,  law,  226-229. 

Bummary,  124-125. 
Oregon,  law 

Bummary,  125. 
Osborn  /■.  Charlevoix  Circuit  Judge,  81,  184. 
Oyster  police  boat,  commanders,  26,  32. 

Packers,  warden  duties,  31-32. 

Parrott  v.  Wilson.  77. 

Peace  officers,  warden  duties,  :;i-33. 

Penalties,  hunting  without  license,  72-73. 

killiiiL;  deer,  72-78. 

killing  quail,  72-73. 
Pennsylvania,  law,  288-242. 

summary,  126*127. 
warden  system,  30. 
People  v.  Johnson,  79. 

Perquisites.  •24.27. 

Police  officers,  warden  duties,  31-33. 
Posse  summoned  by  wardens,  50. 
Prima  facie  evidence.  65-71. 
Prosecutions,  60-77. 

California.  39. 

report-.  77. 

suspension,  84. 
Prosecutors.  60. 
Protector-.  29,80. 
Public  land-,  hunting  on,  95. 
Publication  oi  laws  and  reports,  82-88. 
Quail,  penalties  for  killing.  72-73. 
Qualifications  of  game  warden* 
Raft,  seizure,  59. 
Repeals,  effect,  77. 
Replevin,  78 

Reports,  publication,  B2-88. 
Reports  of  game  wardens  quoted: 

California,  1904,  39. 

Colorado.  1901-2.  50-5L 

Missouri,  1905.  32 
Tennessee,  1907,  21. 
Wyoming,  1906,  97-98. 
Revenue-cutter  officers,  32. 


284 


GAME    COMMISSIONS    AND    WARDENS. 


Rewards  to  informers,  75-77. 
Rhode  Island,  law,  243-244. 

summary,  127. 
Rockefeller  v.  Lainora,  81. 
Road  supervisors,  warden  duties,  31. 
Salaries,  26. 

Sale  of  confiscated  game,  56-57. 
School  fund,  42. 
Search,  with  warrant,  53-54. 

without  warrant,  54-55. 
Search  warrant,  form,  54. 
Seasons,  uniform,  89. 
Seized  game,  disposition,  56-58. 
transportation,  58. 
Seizure,  55-56. 

guns,  46,  47,  48,  49,  58,  59,  79. 
illegal  appliances,  58-59. 
without  warrant,  32. 
wrongful,  59. 
Selkirk  v.  Stevens,  94. 
Separate  offenses,  64-65. 
Service,  term,  16,  20-21. 
Sheriffs,  warden  duties,  31-33. 
Societies  enforcing  game  laws,  18-19. 
Australia,  18. 
Delaware,  18, 19. 
New  Jersey,  19. 
Nova  Scotia,  18. 
'Sooners,'  88-89. 

South  Carolina  Audubon  Society,  18. 
South  Carolina,  law,  244-247. 
summary,  128. 
warden  system,  30,  31. 
South  Dakota,  law,  248-251. 

summary,  128-129. 
Special  officers,  31. 

State  ex  rel.  Reynolds  v.  Capital  City,  D.  C,  80. 
State  ex  rel.  Rodes  v.  Warner,  76. 
State  game  warden,  earliest,  12. 
State  game  wardens,  19-24. 
State's  evidence,  70. 
State  v.  Campbell,  93. 
State  v.  Cooney,  93-94. 
State  v.  Craig,  71, 176. 
State  v.  De  Lano,  42,  71,  76. 
State  v.  Horton,  90. 
State  v.  Lubee,  71. 
State  v.  Newell,  91. 
State  v.  Poole,  56,  65,  71. 
State  o.  Rodman,  71. 

State  wardenship,  cabinet  position  in  Tennes- 
see, 19. 
establishment,  15. 
Statutes  of  limitation,  62-64. 
Storage,  cold,  90-91. 
Subordinate  officers,  26-31. 
Suits  pending,  West  Virginia,  37. 
Suspension,  judgment,  84. 

prosecution,  84. 
Susquehanna  Flats,  12,  31. 
Tables: 

appropriations  for  game  protection,  1905-6, 41. 

arrest  without  warrant,  46-49. 

details  of  office  of  game  commissioner  and 

warden,  22-23. 
disposition  of  hunting  license  fees  and  fines, 
86-37. 


Tables— Continued. 

establishment  of  game  commissions  and  State 

wardenships,  15. 
fines  and  imprisonments,  72-73. 
limitation  of  prosecutions,  63-64. 
prima  facie  evidence,  66-69. 
search  without  warrant,  46-49. 
seizure  without  warrant,  46-49. 
Tax  for  enforcement,  34. 
Tennessee,  law,  252-254. 

summary,  129-130. 
Term  of  service,  commissioners,  16. 

State  wardens,  20-21. 
Texas,  law,  254-256. 

summary,  130-131. 
warden  system,  30. 
Thomas  v.  Northern  Pacific  Express  Co.,  78. 
Transportation  of  seized  game,  58. 
Traps,  seizure,  46, 47, 48, 59. 
Trespass,  injunction,  80. 

Missouri,  37. 
Trespassers,  arrest  by  landowners,  51. 
Unconstitutional  provisions,  Florida,  37. 
Michigan,  81. 
Nebraska,  58, 79 
Uniform  procedure,  43. 
Uniform  seasons,  89. 
United  States  v.  Kagama,  92. 
Utah,  law,  256-258. 

summary,  131. 
Value  of  game  fixed  by  law,  79. 
Vermont,  law,  258-261. 

summary,  131-132. 
warden  system,  30. 
Virginia,  lawr,  261. 

summary,  132-133. 
warden  system,  26. 
Wardens  receiving  fines,  84. 
Warden  system,  California,  27. 
Colorado,  27. 
Connecticut,  27. 
Idaho,  27-28. 
Illinois,  28. 
Iowa,  28. 
Kansas,  28. 
Maine,  28. 
Maryland,  28. 
Michigan,  28-29. 
Minnesota,  29. 
Montana,  29. 
New  Hampshire,  29. 
New  Jersey,  29. 
New  York,  29-30. 
North  Carolina,  30. 
Pennsylvania,  30. 
South  Carolina,  30, 31. 
Texas,  30. 
Vermont,  30. 
Virginia,  26. 
Wisconsin,  30. 
Wyoming,  30. 
Wardens,  Audubon  Society,  28^30. 
city,  26. 
county.  24-25. 
district,  25. 
fish,  11. 
forestry,  32. 


IM'I  X. 


w 

quail 

Stat. 
Warnuit,  %TP 

Ward  <  -  Km  <  Hoi 

.  Ion,  lam  ,264 

■unman 


luminary,     i 

w 

■ummarj .  It6  136. 

warden  lyttom 
■ 

■ummarj 

ward  m. 


o 


Date    Due 
Due          Returned              Due          Returned 

|Nnv  2  o  «er 

3  0  T969 

MAR  2  7  1972 

tyAP         7  1Q7> 

DEC  1  4  1972 

Nov  z  r  wl 

m$  1 1 « 

&tf  07  wi 

SEP  i  J  1981 

fmt  V-L" 

AUG  1 6  1984 

Mltb  BU 

JiRilWB 

JUN2  0198S 

m^ft 

)  3  1985 

"  IVut- 

ut*H 


